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FROJYT1SP  ECE. 

The  Constable  seizing  a  '  obacco  taker. 


See  the  prohibition  of  tobacco  chewing,  page  9C.     m 

wwww^wywwi^^^pmpr^ 


BLUE  LAWS  OF  CONNECTICUT. 


THE  CODE  OF  1650; 

BEING    A    COMPILATION    OF 

THE   EARLIEST   LAWS  AND   ORDERS 

or    THE 

GENERAL  COURT  OF  CONNECTICUT: 

ALSO,    TUB 

CONSTITUTION,  OR  CIVIL  COMPACT, 

INTERED  INTO  XND  ADOPTED  BY  THE  TOWNS  Of 

WINDSOR,  HARTFORD,  AND  WETHERSFIELD, 

IN    1638-9. 

TO      WHICH      IS      ADPK8 

SOME    EXTRACTS   FROM   THE   IAWS    AND   JUDICIAL 
JROCKEPINGS   OF   NEW-HAVEN   COLONY 

COMMONLY    CALLS* 


BLUE    LAWS. 


CINCINNATI: 
PUBLISHED    BY    U.    P.   JAMES, 

NO.    167    WALNUT    STREET. 


DISTRICT  OF  CONNECTICUT,  ss. 
LgT>E  IT  REMEMBERED,  That  on  the  first  dny  of 


January,  in  the  forty-sixth  year  of  the 
ilence  of  the  United  States  of  America,  SILAS  A.NI>RI;S,  ol 
the  said  district,  has  deposited  in  this  office  the  title  of  a 
book,  the  right  whereof  he  claims  as  proprietor,  in  the 
words  following,  to  wit  :  "  The  code  of  KJ50,  heing  a  com- 
pilation of  the  earliest  laws  and  orders  of  the  General 
Court  of  Connecticut.  Also,  the  Constitution,  or  civil  com- 
pact, entered  into  and  adopted  hy  the  towns  of  Windsor, 
llartfonl  and  Wethersfield.  in  16;J8-9.  To  which  is  added, 
some  extracts  from  the  laws  and  judicial  proceedings  of 
New-Haven  colony,  commonly  called  blue  laws." 

In  conformity  to  the  act  of  the  Congress  of  (he  United 
States,  entitled,  "  An  act  for  the  encouragement  of  learn- 
ing, by  securing  the  copies  of  Maps,  Charts  and  Hooks,  to 
the  authors  and  proprietors  of  such  copies,  during  the 
tinifj  therein  mentioned." 

CHARLES  A.  INGERSOLL, 

Clerk  of  the  District  of  Connecticut, 
A  true  copy  of  Record,  examined  and  sealed  by  me, 
CHARLES  A.  INGERSOLL, 

Clerk  of  the  District  of  Connecticut 


ADVERTISEMENT. 


THE  following  sheets  contain  an  exact  copy  of  the  con 
Mitution,  or  form  of  civil  government,  as  adopted  by  the 
towns  of  W.ndsor,  Hartford  and  Wethersfield,  and  the 
Code  of  IG1}"),  as  confirmed  by  the  General  Court  of  Con- 
necticut. These  were  both  taken  from  the  original  re- 
cords retrioiningin  the  office  of  the  Secretary  for  the  State, 
flinch  time  and  accuracy  were  required  to  obtain  an  ex- 
act copy,  on  account  of  the  orthography,  and  particularly 
for  the  reason,  that  the  record,  in  some  parts,  was  nearly 
obliterated,  and  in  others,  totally  gone.  Other  parts  of 
the  recotd,  therefore,  have  been  resorted  to,  and  the  copy 
rendered  complete.  The  ancient  orthography  has  been 
acciPiitely  preserved. 

ThU  small  volume  is  offered  to  the  public,  without  apo- 
logy ot  comment :  nor  does  the  publisher  deem  it  neces- 
sary l  o  detail  the  reasons  which  induced  him  to  undertake 
the  publication.  Only,  suffice  it  to  say,  that  the  first  re- 
vision of  the  early  laws  of  Connecticut,  was  never  before 
printed.  Prior  to  the  revision  of  1672,  which  was  printed 
in  KJ75,  the  laws  and  orders  of  the  General  Court,  were 
promulgated  only  by  manuscript  copies.  They  were  re- 
corded in  the  public  records  of  the  court,  and  also  in  the 
town  records,  and  it  was  made  the  duty  of  the  constables 
of  the  several  towns,  to  publish  such  laws  as  should  be 
made  from  time  to  time,  and,  annually  to  read  the  capital 
laws  at  some  public  meeting. 

To  this  Code  may  be  traced  the  origin  of  almost  all  our 
civil  and  religious  institutions.  Our  ancestors  have  thus, 
in  a  great  measure,  transmitted  to  their  posterity  their  pre- 
sent customs,  manners,  and  civil  and  religious  opinions. 
The  laws  were  few  and  simple,  yet  they  were  such  as  the 
exigences  of  the  commonwealth  required,  and  such  as 
may  be  supposed  to  exist  in  the  infancy  of  civil  g«>vcri) 
qienu. 


AN  INDEX 

TO  THE  PRINCIPAL  MATTERS. 


Actions  Civil,  proceeding  on  the  trial  of,  by  jury.  60,  61 

court  may  vary  the  verdict  of  the  jury. 
Adultery,  how  punishable.  - 

Age  and  ability  of  persons.  ...  W,  21 

Arrests,  the  person  not  to  be  arrested  or  imprisoned  for  debt,  if 
sufficient  estate  can  he  found.  21 

debtors  not  to  remain  in  prison,   unless  estate  be  concealed  ib. 

Assembly  General,  at  what  times  to  he  holden.  -  12 

of  what  officers  and  persons  constituted  -        12,  14 

powers  of.  -  -  •  12,  14,  17 

members  of,  when  and  how  chosen.  12 

how  convened.  -  -  -14 

stated  and  social  sessions  of,  when  called  by  the  freemen.      14,  15 
powers  of  such  courts.  -  15 

A s  iignment  in  service,  of  poor  debtors,  when  authorized.          •          21 
Attachment,  tor  contempt  of  court,  when  to  be  issued.  -  22 

of  lands  or  estate,  when  authorized.  .  -  •  ib. 

to  be  made  for  the  benefit  of  all  or  any  of  the  creditors.          •        ib. 
il  oppressive,  the  party  to  pay  damages.  *  •        22,  23 

notice  to  the  defendant,  what.  ...  23 

fytllast,  not  to  be  taken  from  any  shore,  or  thrown  into  any 
harbour  ...  .  23,  24 

Barratry,  defined  and  punishable.  •  •  24 

Bensriality,  how  punishable.  •  •  •  •          28 

Bills,  assignable.  -  .  ...  24 

Births,  to  be  recorded.  .  ....  86 

Rlasj>hemy  how  punishable.  .  23 

feounds  of  towns  to  be  set  out.  ....  25 

to  be  renewed  and  perambulation  performed,  yearhf  •         ib. 

of  lands  of  individuals,  to  be  perambulated.  -  ib. 

Burglary,  how  punishable,  -  -          26 

Capital  Laws.  .  .  .  .          28,  29 

Casks,  assize  of  -  •  .  31 

Cattle  to  be  ear-marked.  33 

Caoeat  may  l>c  entered  with  the  register,  against  the  alienation 
of  lands  of  fraudulent  or  insolvent  debtors— effect  thereof-- 
and  mode  of  proceeding  in  such  cases.  -        .        35,36,37 

Children,  how  to  be  instructed.  ...  33,  39 

when  to  be  bound  to  masters.  .  .  -  39 

to  be  bred  to  some  employment.  -  .  -          39 

Church,  members  of,  amenable  to  the  civil  power  for  ecclesiasti- 
cal offences.  -  ...  44    45 
censure  of  not  to  degrade  any  one  from  any  civil  dignity.  45 
Commi.tsiontrs,  form  of  oath  of,  prescribed.  77 
Com>r\»n  Coasters,  punishable  for  idluness.                .                .            8t 


INDEX. 

Common  FteMs,  how  to  he  improved.  -  -  •  34 

previsions  relating  to  fences  and  damage  Hone  therein.  34,  35 

individuals  may  inclose  their  own  grounds.  -  -35 

Conspiracy,   how  punishable.  •  29 

Constables,  their  powers,  duties  and  liabilities.  •  40,  41 

when  to  he  chosen  and  sworn.  -  -  -  41 

form  o|' oath  of  presented.  ...  75 

Constitution  of  civil  Government,  of  1638,  9.  .  11  to  19 

Contemners  of  God's  holy  ordinances,  how  punishable.  43,  44 

Contempt,  attachment  lor.  -  -  22 

Coopers,  to  be  provided  with  brands.  31 

Courts,  disorders  in,  punishable.  -  .  -38 

secrets  of,  revealing  of,  how  punishaolc.  -  »  ib. 

defamation  of,  punishable.  -  -  *  fi6 

Crimea  and  Pvniahmtnts,  burglarv  how  punishable:          .-»  26 

RoMiery.  .    "  -  .  ,H..          ib. 

theft  and  pilfering.  -  -  -  •  •  26, 11 

jimsd.ctionof  magistrates  in  case  of  theft.  >Wv*     -  27 

heresy — witchcraft — bla*pheniy — murder — poisoning — beastiality 
— sodomy — adultery,  how  punishable.  -  -28 

rape— inanstealing— false  witness— conspiracy— invasion  and  re- 
bellion—  cursing  of  parents, — how  punishable.  •  29 
stubbornness  how  punishable.                 ...              29, 30 

lascivious  carriage,  how  punishable.  30 

forgery,  how  punishable.  -  ...  47 

fornication,  how  punishable.  -  •  48 

gaming  how  punishable.  ....  ib. 

proceedings  against  persons  charged  with  capital  crimes  withdraw- 
ing themselves  from  justice.  •  -  ...  60 
their  withdrawing  to  stand  instead  of  one  witness.               •            ib. 
manslaughter,  what.                                                  -                -            66 
Cruelty  not  to  be  exercised  towards  any  beast  kept  for  the  use  of 
nan.                     .                 .                                  .                .    .            42 

Cursing  of  Parents,  how  punishable.  29 

Deaths,  to  be  recorded.  -  -  .  -  -  86 

Delinquents,  in  what  cases  they  may  be  arrested  without  war- 
rant, and  in  what  not.         -  -  -  -  -        40, 41 

Delinquents,  committed,  liable  to  pay  costs  of  prosecution,  and 

prison  fees.  ......  42 

judgment  against  by  whom  to  be  executed.  •  •        45,  46 

Deputies  from  the  several  towns,  to  attend  the  general  courts.  14 

how  and  by  whom  chosen.  -  \          •      -=^-  15 

their  qualifications.  -  ••.'.-        ib. 

number  of  from  each  town.  •  •         ••    *•*.<•,       15,16 

their  power.  -  •  ..  •  •  16 

vacancies  how  supplied.  •  ib. 

n  eeting  of,  previous  to  any  general  court,   and  to  examine 
the.r  own  elections.  -  -  •  •  -  ib. 

Disability  of  persons  convicted  of  scandalous  offences.  •  98 

Duress — conveyances,  deeds,  promises,  obta'ned  by,  void.  41 

Ecclesiastical  Affairs,  contenmers  of  God's  holv  ordinances,  how 
punishable.  -  -  -          '      •  43.44 

neglect  of  public  worship,  puuisiiftbie.  •  44 


INDEX. 

civil  power  to  be  exercised  to  enforce  the  observance  of  chri»» 

tian  ordinances.  ......         flv 

church  i-ni-iiiir  not  to  di-iiradr  any  man  from  any  civil  dicni'.y.        4  > 

mint»ie»  ul  (lie  gOM*l,  IKMW  maintained.  -  -  71 

Klf.rlnm,  Court  of, 'when  lu  be  holili-n,  am!  how  constituted.         12,  14 

Extents,  .....  .  45 

Enitlenre,  the  withdrawing  of  criminals  from  justice  to  stand  in- 
stead of  one  witness.  CO 
Execution,  goods  taken  in  execution,  to  be  appraised  and  delivered 
to  the  creditor  in  full  satisfaction.              -            -                             45 
how  levied  in  ordinary  cases.                 -                -                             63 
what  estate  exempt  from.              -                                                        ib. 
Fences,  hetween  lands  of  adjoining  proprietors  how  made  and 

maintained,  when  one  shall  improve  before  anoiher.  -  32 

in  co  union  tie). Is,  regulated.  -  .  34,  35 

Cprietors  of  common  fields  may  inclose  their  own  lands.  35 

v  erected  hetween  adjoining  proprietors.  *  -  4(> 

Fines,  how  levied.  ....  -  46,  (J3 

Fire — the  kindling  of  fires  at  certain  seasons,  prohibited.  47 

double  damages  recoverable  for  Inirinii^  or  destroying  timber,  &c.  ib. 
Foreigners,  their  land  and  estate  liable  to  attachment.  -  22 

Foreign  Jmlgttmt,  verdicts  and  sentences  of  courts  in  any  of 

the  colonies,  their  credit  and  effect.  -  98,09 

Forgery,  how  punishable.  •  •  .47 

Fornication,  iiow  punishable.  -  .  48 

Fowlers  Unprofitable,  punishable  for  idleness.  -  50 

Fraudulent  Conveyances,  void.  .  •  41 

Freemen,  their  qualifications,  and  how  admitted  •  12 

form  of  oatli  of  prescribed.  -  .76 

Geuernl  Assembly  or  Court,  at  what  times  to  be  liolJen.  -         12 

of  what  officers  and  persons  constituted.  -  .  12,14 

general  powers  of.  -  -  -  12,14,17 

members  of,  when  and  how  chosen.  ...        12,15 

how  convened.  -  ...  .14 

stated  and  special  sessions  of,  when  called  by  the  freemen.       14,  15 

powers  of  such  courts.  «  -  15 

quorum  of,  how  formed.  .  •  1 7 

Governoiir,  when  and  how  elected.  .  -  12,   13 

eligible  only  once  in  two  years.  .  13 

qualifications  of.  ....  14 

form  of  oath  of,  prescril>ed.  .  75 

Grand  Jury,  when  to  attend  the  court,  their  number  and  duties.       fi2 

form  of  oath  of  prescribed.  -  -  -  77,  78 

Heresy,  how  punishable.  .  -28 

Highway*,  how  repaired.  -  .  -49,  .'-0 

Horses,  penalty  and  punishment  for  taking  them  from  any  cow- 

mon,  &c.  and  using  them.  -  -  31,  82 

Hue  and  Cry,  how  put  forth  and  prosecuted.  40,  41 

'il/eness,  punishable.  ....  50 

Imprisonment  for  debt.  .  .  .  -          21 

Indians,  provisions  relating  to  their  punishment  for  trespasses 
aiki  ufleuces,  for  regulating  the  unercQiirse  between  them 


INDEX. 

anr!  the  English  and  for  instructing  them  in  matters  of  reli- 
gion and  civilization.  -  -  .  •         -  5*  to  57 
persons  joining  ami  settlin:>  with  them,  punishable.            -  53 
Inn  Keepers,  provisions  relating  to  their  employment.                 57  to  60 
one  inn-keeper  to  he  provided  in  each  town.                    -                  58 
Inque.-it,  Jury  i,f,  to  be  summoned  in  case  of  untimely  deaths.            42 
Jury  and  ./i/ror.s— jury  of  .vhat  number  to  consist.                   .             60 
two  thirds  of  their  nmnher  may  return  a  verdict.                •              61 
special  verrl.ct.                 ...                .                            jfo. 

may  he  returned  to  a  second  consideration.  •  •  ib. 

when  a  second  jury  may  he  impannelled.  -  •  ib. 

form  of  jurors  oath  prescribed.  .  tJ  •  .  77 

Land,  bounds  of,  to  be  perambulated,  and  mear-stones  crecte'l 
and  preserved.  ...»  25, 26 

free  fro  n  feudal  burthens.  •  •  •  62 

grants  of  to  be  recorded.  •  .  •  80,  87 

Lascivious  Carriage,  how  punishable.  •  .-     ••»•  30 

Lying,  punishable.  -  •  *'•      <    •  •     •  >  *••          64, 65 

M.igi-itrate-s,  when  and  how  elected.  -  -  -  12,13 

Magistrates,  to  be  propounded  at  some  general  court  proceeding 

their  elect  on.  -  ....  13 

their  qualifications.  •  .  13,   11 

defamation  of,  how  punishable.  -  67 

for.n  of  oath  of,  prescribed.  ...  75 

Mm-ilaughter,  what.  .....  66 

M-m-stealing.  how  punishable.  ...  29 

M.irriage,  publication  of  intention  of,  what.  •  67 

persons  under  the  government  of  parents,  &c.  not  to  contract 
matrimony  without  consent.  -  ...          68 

to  be  recorded.  ......          86 

Mirsh<ill,  fees  of,  slated.  -  -  -  .  68,  69 

his  duty.  .....  69 

Master  and  Servant,  persons  not  to  entertain  j'oung  men  in  their 

families -  65 

young  unmarried  men  not  to  keep  house  in  certain  cases.  65 

servants  prohibited  from  making  contracts.         .'•;*.  .  ib. 

labourers  to  work  the  whole  day.  •          '"•''.        •          66 

runaway  servants  to  be  pursued.  •   .  •  .  ib. 

to  serve  three  fold  the  time  of  their  absence.  -  -         ib. 

Military  Jljf'airs,  provisions  relating  thereto.  •  70  to  74 

Murder,  how  punishable.  -  •  -28 

Cuths,  form  of.  -  -  +••"'•         .  .  75  to  78 

Peuge,  how  to  he  assorted  and  strung.  -  -  78 

Perambulation  of  town  lines,  to  be  performed  annually.  -        25 

of  bounds  of  land  of  adjoining  proprietors.  -  -  ib. 

Poisoning,  how  punishable.  28 

Poor,  provisions  relating  to  the  settlement  and  support  of  poor 

persons.  ...  78 

Pounds  and  Pound  Breach,  pounds  to  be  erected  and  maintained.  78,79 

cattle  impounded,  when  to  be  cried.  -#.'-•».!  .  79 

pound  breach  and  rescue,  punishable.  •  v»     •'-          ib. 

Profjine  Swearing  .punishable.  •  •  ••'•*•.>:          80 

Rape,  how  punisuabl*.  i        •    •  •  •  39 


INDEX. 

Record,  of  birth*.  ... 

of  neaths.  .  .  «  - 

ol  marr.age*.  -  -  -  • 

ol  lands  -  -  - 

of  remarkable  passages  of  God's  proridence.  • 

of  heirs  ami  legatees.  .••••••! 

of  inventories.  -  •  •  «  •  ib. 

Replevin,  when  to  be  granted.  ... 

/fig-Afc  secured.  -  .  •  •  •  18,  19. 

Robbery,  how  punishable.  .  •  •  26 

Schools  common,  when  to  be  set  up.  •  -  -         i?l 

grammar,  when  lo  lie  kept.  -  •         ib. 

maintenance  of  scholars  at  the  University  at  CambnJgt.  ik 

Secretary,  form  of  oatli  of,  prescribed.  «  •  77 

duties  ami  fees  of. 92,93 

Serreti  of  Court,  revealing  of,  how  punishable. 

Seronnti  ami  Apprentice*,  how  lo  be  instructed,  &C,  38,  39 

Muffle  Rtiiird,  game  of,  prohibited.  ... 

Snilnm'/,  how  punishable.  ...  28 

Spiritou*  Liquors,  sale  of,  without  licence,  prohibited.  •          99 

Strai/s,  how  to  be  disposed  of.  ...  93,  04 

Stubbornness,  how  ptmislnble.  -  29,  3D 

Summon*,  in  civil  process,  wliat.  ...  21 

Swine,  to  be  ringed  and  yoked,  or  kept  in  yards.  »  -         95 

Tiiteg,  how  levied.  -  -  18,63,  80  to  85 

Testamentary  Affairs,  testate  and  intestate  estates,  how  disposed 
of.  .  -.  88  to  90 

proof  and  authentication  of  wills  in  foreign  jurisdictions,  to  be 
allowed.  -  .  .  .  89,90 

Theft,  liow  punishable.  -  •  26,  27 

jurisdiction  of  magistrates,  in  cases  of.  27 

Timber,  not  to  be  felled  at  certain  seasons  of  the  year,  and  pro- 
visions relating  to  the  use  and  transportation  of  it  •        95,96 
Tobacco,  the  use  of  it  restricted.            ...  96f  97 
takers  of  punishable  for  idleness.                                              «  50 
7b?en$,  bounds  of,  to  be  set  out  and  perambulated.             .                25 
Treasurer,  not  to  deliver  money  from   the   treasury  without 

vouchers.  ...  -  97,  98 

TrestHiues,  damage  done  by  cattle  in  cornfields,  &c.  how  estimated.    97 

Verdict — the  court  may  vary  the  verdict  of  a  jury,  as  to  the 

amount  of  da-nages.  -  -  -  6t 

in  foreign  jurisdictions,  to  be  allowed  here,  in  certain  cases.     98,  99 

Vexatious  suit,  defined,  and  the  party  nneable.  42 

Wotck,  to  bee  maintained,  and  neglect  of  punishable.  99,  100 

W««-Ar*  and  Measures,  to  be  sealed.  -  -  69,  70 

WiUt,  to  be  recorded.  ...  .  88,  89 

proof  of,  in  foreign  jurisdictions,  to  be  allowed.  -  89,  JK1 

H'ine  an  I  Slrnng  Water,  sale  of  without  licence  prohibited.  9 ) 

H-VicAcrn/Y,  how  pun  shable.  W 

WVttt*,  IvMJiity  allowed  for  the  destruction  of.  .  IGt 

Worskfp,  C^iri.itmn,  neglect  of,  punishable.  -  44 

public,  guards  at  places  of.  ...  43 

Wrtda,  patsous  audjpodi  wracked,  tqbe  rel*!iv«d  aud  preserved  101 


FFORASMUCH  as  it  hath  pleased  the  Almighty 
God,  by  the  wise  disposition  of  his  divine 
providence,  so  to  order  and  dispose  of 
things,  that  we  the  Inhabitants  arid  resi- 
dents of  Windsor,  Hart  ford  and  Weathers- 
feild,  are  now  cohabiting,  and  dwelling  in 
and  uppon  the  river  of  Conneticutt,  and 
the  lands  thereunto  adjoining,  and  well 
knowing  when  a  people  are  gathered  to- 
gether, the  word  of  God  requires,  that  to 
meinteine  the  peace  and  union  of  such 
a  people,  there  should  bee  an  orderly 
and  decent  governement  established  ac- 
cording to  God,  to  order  and  dispose  of 
the  affaires  of  the  people  at  all  seasons, 
as  occassion  shall  require;  doe  therefore 
associate  and  conjoine  ourselves  to  bee 
as  one  publique  STATE  or  COMMONWEALTH; 
and  doe  for  ourselves  and  our  successors, 
and  such  as  shall  bee  adjoined  to  us  at 
any  time  hereafter,  enter  into  combina- 
tion and  confederation  together,  to  mein- 
teine and  preserve  the  libberty  and  purity 


12 

of  the  Gospcll  of  our  Lord  Jesus,  which 
we  now  profess,  as  also  the  discipline  of 
the  churches,  which,  according  to  the 
truth  of  the  said  Gospell,  is  now  practis- 
ed amongst  us;  as  allso  in  our  chill 
affaires  to  be  guided  and  governed  ac- 
cording to  such  lawes,  rules,  orders,  and 
decrees,  as  shall  bee  made,  ordered,  and 
decreed,  as  folio wcth: 

1 .  //  is  ordered,  sentenced  and  decreed,  That  there 
shall  bee  yearly  two  Generall  Assembly's  or  Courts, 
the  one  the  second  Thursday  in  Aprill,  the  other  f.he 
second   Thursday  in   September  following :     The 
first  shall  bee  called  the  Courte  of  Election,  where- 
in shall  bee  yearely  chosen,  from  time  to  time,  so 
many  magistrates  and  other  publique  officers,  as 
shall  bee  found  requisite,  whereof  one  to  be  chosen 
Governor  for  the  ycare  ensuing,  and  untill  another 
bee  chosen,  and  no  other  magistrate  to  bee  chosen 
for  more  then  one  ycare  ;  provided  always,  there 
bee  six  chosen  besides  the  Governor,  which  being 
chosen  and  sworne  according  to  an  oath  recorded 
for  that  purpose,  shall  have  power  to  administer 
justice  according  to  the  lawes  here  established,  and 
for  want  thereof,  according  to  the  rule  of  the  word 
of  God  ;  which  choyce  shall   bee  made  by  all  that 
are  admitted  Freemen,  and  have  taken  the  oath  of 
fidelity,  and  do  cohabit  within  this  juris&diction,  hav- 
ing beene  admitted  inhabitants  by  the  major  parte 
of  the  town  where  they  live  or  the  major  parte  of 
such  as  shall  bee  then  present. 

2.  //  is  ordered,  sentenced,  and  decreed,  That  the 
Llec.ion  of  the  aforesaid  magistrate  shall   bee   oil 


this  manner;  every  person  present  and  qualified 
for  choyce,  shall  bring  in  (to  the  persons  deputed 
to  receive  them)  one  single  paper,  with  the  name 
of  him  written  in  it  whom  he  desires  to  have  Gov- 
ernor, and  hee  that  hath  the  greatest  number  of  pa- 
pers shall  bee  Governor  for  that  yeare  :  And  the 
rest  of  the  Magistrates  or  publique  officers,  to  be 
chosen  in  this  manner;  the  Secretary  for  the  time 
being,  shall  first  read  the  names  of  all  that  are  to  bee 
put  to  choyce,  and  then  shall  severally  nominate 
them  distinctly,  and  every  one  that  would  have  the 
person  nominated  to  bee  chosen,  shall  bring  in  one 
single  paper  written  uppon,  and  hee  that  would  not 
have  him  chosen,  shall  bring  in  a  blanke,  and  eve- 
ry one  that  hath  more  written  papers  than  blanks, 
shall  bee  a  magistrate  for  that  yeare,  which  papers 
shall  bee  received  and  told  by  one  or  more  that 
shall  bee  then  chosen,  by  the  Courte,  and  sworn 
to  bee  faithfull  therein ;  but  in  case  there  should 
not  bee  six  persons  as  aforesaid,  besides  the  Gov- 
ernor, out  of  those  which  are  nominated,  then  hee 
or  they  which  have  the  most  written  papers,  shall 
bee  a  Magistrate  or  Magistrates  for  the  ensuing 
yeare,  to  make  up  the  aforesaid  number. 

3.  //  is  ordered,  sentenced,  and  decreed,  That  the 
Secretary  shall  not  nominate  any  person,  nor  shall 
any  person  bee  chosen  newly  into  the  Magistracy, 

.  which  was  not  propounded  in  some  General  Courte 
before,  to  bee  nominated  the  next  eletition  :  And 
to  that  end,  it  shall  be  lawfull  for  each  of  the  Townes 
aforesaid,  by  theire  Deputies,  to  nominate  any  two 
whoe  they  conceive  fitt  to  be  put  to  election,  and 
the  Courte  may  add  so  many  more  as  they  judge 
requisite. 

4.  It  is  ordered,  smtenced  and  decreed,    That  no 
pe  sou  bee  chosen  Cover..cr  above  once  in  two 


14 

years,  and  that  the  Governor  bee  always  a  membei 
of  some  approved  congregation,  and  formerly  of 
the  magistracy,  within  this  Jurissdiction,  and  all  the 
Magistrates,  (freemen  of  this  Commonwealth  ;  and 
that  no  Magistrate  or  other  pnblique  Officer,  shall 
execute  any  parte  of  his  or  theire  office  before  they 
are  severally  sworne,  which  shall  bee  done  in  the 
face  of  the  Courte,  if  they  bee  present,  and  in  case 
of  absence,  by  some  deputed  for  that  purpose. 

5.  //  is  ordered,  sentenced  and  decreed,  That  to 
the  aforesaid  Courte  of  Election,  the  severall  Townes 
shall  send  theire  Deputyes,  and  when  the   Elections 
are  ended  they  may  proceed  in  any  publique  serv- 
ice, as  at  other  Courtes  ;  allso,  the  other  General! 
Courte  in  September,  shall  bee  for  making  of  lawes 
and  any  other  publique  occassion,  which  concerns 
the  good  of  the  Commonwealth. 

6.  It  is  ordered,  sentenced,  and  decreed,  That  the 
Governor  shall,  either  by  himsclfe  or  by  the  Secre- 
tary, send  out  summons  to  the  Constables  of  every 
Towne,  for  the  calling  of  these  two  standing  Courts, 
one  month  at  least  before   theire   severall   times; 
And  allso,  if  the  Governor  and  the  greatest  parte 
of  the  magistrates  see  cause,  uppon  any  special!  oc- 
cassion, to  call  a   Gencrall  Courte,  they  may  give 
order  to  the  Secretary  so  to  doe,  within   fourteene 
daycs  warning,  and  if  urgent  necessity  so  require, 
uppon   a  shorter   notice,  giving   sufficient   ground* 
for  it,  to  the  Deputys,  when  they  meete,  or  else, 
bee  questioned   for  the  same  ;  and  if  the  Governor 
and  major  parte  of  the  Magistrates,  shall  either  neg- 
lect or  refuse,  to  call  the   two  General!  standing 
Courts,  or  either  of  them  ;  as  allso.  at  other  times, 
when  the  occasions  of  the  Commonwealth  require; 
the  Freemen  thereof,  or  the  major  parte  of  them, 
shall  petition  to  them  so  to  doe,  if  then  it  bee  either 


denied  or  neglected,  the  said  Freemen  or  the  major 
parte  of  them,  shall  have  power  to  give  order  to 
the  Constables  of  the  severall  Towns  to  doe  the 
same,  and  so  many  meete  together  and  choose  to 
themselves  a  moderator,  and  may  proceed  to  doe. 
any  act  of  power  which  any  other  Generall  Courte 
may. 

7.  It  is  ordered,  sentenced  and  decreed,  That  af- 
ter there  are  warrants  given  out  for  any  of  the  said 
Generall   Courts,   the  Constable   or  Constables   oi 
each  Towne  shall  forthwith  give  notice  distinctly  to 
the  inhabitants  of  the  same,  in  some  publique  As- 
sembly,   or    by  going  or  sending    from    howse    to 
howse,  that  at  a   place  and  time,  by  him  or  them 
limited  and  sett,  they  meete  and  assemble  them- 
selves together,  to  elect  and  choose  certaine  Dep- 
uties to  bee  at  the  Generall  Courte  then  following, 
to  agitate  the  affaires  of  the  Commonwealth ;  which 
said  Deputies,  shall  bee  chosen  by  all  that  are  ad- 
mitted inhabitants  in  the  severall  Towns  and  have 
taken  the  oath  of  fidelity  :  provided,  that  none  bee 
chosen  a  Deputye  for  any  Generall  Courte  which  is 
not  a  Freeman  of  this  Commonwealth:  The  afore- 
Baid  Deputyes  shall  bee  chosen  in  manner  follow- 
ing; Every  person  that  is  present  and  qualified  as 
before  expressed,   shall   bring  the   names  of  such 
written  in  severall  papers,  as  they  desire  to  have 
chosen,  for  that  employment :  and  these  three  or 
foure,  more  or  less,  being  the  number  agreed  on  to 
bee  chosen,  for  that  time,  that  have  greatest  num- 
ber of  papers  written  for  them,  shall  bee  Deputyes 
for  that  Courte;  whose  names  shall  be  indorsed  on 
the  backside  of  the  warrant  and  returned  into  the 
Courte,  with  the  Constable  or  Constables  hand  un- 
to the  same. 

8.  It  is   ordered,   sentenced   and  decreed,     That 


16 

Wyndsor,  Hartford  and  Wcathersfeild.  shall  have 
power,  each  Towne,  to  send  fourc  of  theire  Free- 
men as  theire  Deputyes,  to  every  General!  Courte, 
and  whatsoever  other  Towncs  shall  bee  hereafter 
added  to  this  Jurissdiction,  they  shall  send  so  many 
Deputyes,  as  the  Courte  shall  judge  mectc :  a  rea- 
sonable proportion  to  the  number  of  Freemen,  that 
are  in  the  said  Towns,  being  to  bee  attended  there- 
in; which  Deputyes  shall  have  the  power  of  the 
whole  Towne,  to  give  theire  voates  and  allowance 
to  all  such  lawes  and  orders,  as  may  bee  for  the 
puhliquc  good,  and  unto  which  the  said  Towns  are 
to  bee  bound  :  And  it  is  allso  ordered,  that  if  any 
Deputyes  shall  bee  absent  uppon  such  occassions, 
as  the  Governor  for  the  time  being,  shall  approve 
of,  or  by  the  Providence  of  God,  shall  decease  this 
life  within  the  adjournment  of  any  Courte,  that  it 
shall  bee  at  the  libbertye  of  the  Governor  to  send 
forth  a  warrant,  in  such  case,  for  supply  thereof  up- 
pon reasonable  warning. 

9.  It  is  ordered,  sentenced  and  decreed,  That  the 
Deputyes  thus  chosen,  shall  have  power  and  libber- 
ty,  to  appoint  a  time  and  place  of  meeting  togeth- 
er, before  any  General!  Courte.  to  advise  and  con- 
suite  of  all  such  thinges  as  may  concerne  the  good 
of  the  publique  ;  as  allso  to  examine  theire  owne 
Elections,  whether  according  to  the  order  ;  and  if 
they  or  the  greatest  parte  of  them,  tinde  any  elec- 
tion to  be  illegall,  they  may  seclude  such  for  pres- 
ent, from  theire  meetinge,  and  returne  the  &ame  and 
theire  reasons  to  the  Courte  ;  and  if  it  proove  true, 
the  Courte  may  fyne  the  party  or  partycs  so  intru- 
ding, and  the  Towne  if  they  see  cause,  and  give 
out  a  warrant  to  goe  to  a  new  election  in  a  legall 
way,  either  in  parte  or  in  whole.  Aliso  the  said 
Deputyes  shall  have  power  to  fyne  any  that  shall 


17 

bee  disorderly  at  theire  meeting,  or  for  not  coming 
in  due  time  or  place,  according  to  appointment,  and 
they  may  ictiirne  the  said  fyne  into  the  Courte,  if 
it  bee  refused  to  bee  paid,  and  the  Treasurer  to 
take  notice  of  it,  arid  to  estreite  or  levye  as  hee  doth 
other  fynes. 

1 0.  //  is  ordered,  sentenced  and  decreed,  That  ev- 
ery generall  Courte  (except  such  as  through  neg- 
lect of  the  Governor  and  the  greatest  parte  of  Ma- 
gistrates, the  Freemen  themselves  doe  call,)  shall 
consiste  of  the  Governor  or  some  one  chosen  to 
moderate  the  Courte,  and  foure  other  Magistrates 
at  least,  with  the  major  parte  of  the  Deputyes  of 
the  several  Towns  legally  chosen,  and  in  case  the 
Freemen  or  the  major  parte  of  them,  through  neg- 
Ject  or  refusall  of  the  Governor  and  major  parte  of 
the  Magistrates,  shall  call  a  Courte,  it  shall  consiste 
of  the  major  parte  of  Freemen,  that  are  present,  or 
their  Deputyes,  with  a  moderator  chosen  by  them, 
in  whjch  said  Generull  Courts,  shall  consiste  the  Su- 
preme power  of  the  Commonwealth,  and  they  one- 
ly  shall  have  power  to  make  lawes  and  repeale 
them,  to  graunt  levyes,  to  admitt  of  Freemen,  dis- 
pose of  lands  undisposed  of,  to  severall  Towns  or 
persons  ;  and  allso,  shall  have  power  to  call  either 
Courte  or  Magistrate,  or  any  other  person  whatso- 
ever into  question,  for  any  misdemeanor,  and  may 
for  such  cause,  displace,  or  deale  otherwise,  accord- 
ing to  the  nature  of  the  offence  ;  and  allso  may  deale 
in  any  other  matter  that  concernes  the  good  of  this 
Commonwealth,  except  election  of  Magistrates, 
which  shall  bee  done  by  the  whole  body  of  Ffree- 
rnen  ;  in  which  Courts  the  Governor  or  Moderator 
«..hall  have  the  power  to  order  the  Courte,  to  give 
iibbertye  of  Speech,  and  silence  unreasonable  and 
disorderly  speaking,  to  put  all  things  to  voate,  aud 
B  2 


18 

in  case  the  voate  bee  equal),  to  have  the  casting 
voice  :  But  none  of  these  Courts  shall  bee  adjourn- 
ed or  dissolved  without  the  consent  of  the  major  parte 
of  the  Courte.  Provided,  notwithstanding,  that  the 
Governor  or  Deputy  Governor,  with  two  Magistrates 
shall  have  power  to  keepe  a  PcrticularCourte  accord- 
ing to  the  lawes  established :  And  in  case  the  Gover- 
nor or  Deputy  Governor  bee  absent,  or  some  way  or 
other  incapable  either  to  sitt  or  to  bee  present ;  if 
three  Magistrates  meete  and  chuse  one  of  them- 
selves to  bee  a  Moderator,  they  may  keepe  a  Per- 
ticular  Courte,  which  to  all  ends  and  purposes  shall 
bee  deemed  as  legall  as  though  the  Governor  or 
Deputy  did  sitt  in  Courte. 

J I .  It  is  ordered,  sentenced,  and  decreed,  That 
when  any  Generall  Courte,  uppon  the  occassions 
of  the  Commonwealth,  have  agreed  uppon  any 
summ  or  summs  of  monye,  to  be  levyed  uppon  the 
severall  Townes  within  this  Jurisdiction,  that  a 
Comittee  bee  chosen,  to  sett  out  and  appoint,  what 
shall  bee  the  proportion  of  every  Towne  to  pay  of 
the  said  Jevye  ;  Provided  the  Comittee  bee  made 
up  of  an  equall  number  out  of  each  Towne.(l) 

Fforasmuch   as  the  free  fruition  of  such  libberties, 

immunities,    priviledges,    as    humanity,    civility 

and  Christianity  call  for,  as   due.  to  every  man   in 

his   place  and  proportion,  without  impeachment 

and  infringement,   hath  ever  beene  and   ever  will 

bee  the  tranquillity  and  stabillity  of  Churches  and 

Commonwealths  ;  and  the   denyall  or  deprivall 

thereof,  the  disturbance,  if  not  ruine  of  both: 

1  2.  //   is  thereof  ordered  by  this  Courte,  and  au- 

(1 )  The  eleven  preceding  sections  were  "  voated"or  enart- 

p«i  at  a  General  Courte.  held  January  14th,  1838;  and  the 

following  provision  Was  added  at  th?  revision  in  1650. 


19 

tlwrity  thereof,  That  no  man's  life  shall  bee  taken 
away  ;  no  man's  honor  or  good  name  shall  be  stain- 
ed ;  no  man's  person  shall  bee  arrested,  restrcined, 
bannishcd,  dismembred,  nor  any  way  punnished  ;  no 
man  shall  bee  deprived  of  his  wife  or  children  ;  no 
man's  goods  or  estate  shall  bee  taken  away  from 
him  nor  any  ways  indammaged,  under  colour  of 
law,  or  countenance  of  authority  ;  unless  it  bee  by 
the  vertue  or  equity  of  some  express  law  of  the 
Country  warranting  the  same,  established  by  a 
Generall  Courte  and  sufficiently  published,  or  in 
case  of  the  defect  of  a  law,  in  any  pcrticular  case, 
by  the  word  of  God. 


ABILITF. 


It  is  ordered  by  this  Conrte,  that  all  persons  of 
the  age  of  twenty-one  years,  and  of  right  under 
standing  and  memorye,  whether  excommunicated 
condemned  or  otherw -  ys,  have  full  power  and  lib- 
berty  to  make  their  Wills,  Testaments,  and  othei 
lawfully  Alienations  of  their  goods  and  estates,  and 
may  bee  plaintiffs  in  a  civill  Case. 

I  Eleusi»e  txciverat.  Vulg6  Eleusi  mutavit  J.  Gron 
vius,  iigi,rrnantque  F'lor.  et  Reus  iscjn  uuibus  niendu  se. 

ACTIONS. 

Rhenunum  daceuia  inillia  praferunt.     Joseph  us,  Zonaras 

//  is  further  ordered  and  decreed,  That  in  all  Ac- 
lions  brought  to  any  Courte,  the  Plaintiff  ahall  have 
hbberty  to  withdraw  his  Action,  or  to  be  nonsuted 
before  the  Jury  have  given  in  theire  verdict,  in 
which  case,  hee  shall  always  pay  full  costs  and 
charges  to  the  defendant,  and  may  afterwards  re- 
new his  sute  at  another  Courle,  the  former  nonsute 
being  first  recorded. 


AGE. 

//  is  ordered  ly  this  Courte  and  the  authority  there' 
of,  that  tiiC  Age  for  passing  away  of  lands  or  such 
kinde  of  hereditaments,  or  for  giving  of  voates,  or 
sentences  in  any  Civill  Courts  or  Causes,  shall  bee 
twenty  and  one  yeares ;  but  in  case  of  choosing  of 
Guardians,  fourteene  years. 

ARRESTS. 

//  is  ordered,  and  decreed  by  this  Court  and  au- 
thority thereof,  That  no  person  shall  bee  Arrested 
or  imprisoned  for  any  debt  or  fyne,  if  the  law  can 
find  any  competent  means  of  satisfaction  otherwise, 
from  his  estate,  and  if  not,  his  person  may  bee  ar- 
rested and  imprisoned,  where  hee  shall  bee  kept  nt 
his  owne  charge,  not  the  plaintiffs,  till  satisfaction 
bee  made,  unless  the  Courte  that  had  cognicance  ot 
the  cause,  or  some  superior  Courte.  shall  otherwise 
determi-ne.  Provided,  nevertheless,  that  no  man's 
person  shall  bee  kept  in  prison  for  debt,  but  when 
there  appears  some  estate  which  hee  will  not  pro- 
duce; to  which  end.  any  Courte  or  Commissioners 
authorized  by  the  Generall  Courte,  may  administer 
an  oath  to  the  partye,  or  any  others  suspected  to 
bee  privy  in  concealing  his  estate,  hee  shall  sat- 
isfye  by  service,  if  the  creditor  require  it ;  but  shall 
not  bee  sould  to  any,  but  of  the  L^nglish  nation. 

ATTACH  EM  ENT. 

It  is  ordered,  sentenced,  and  decreed,  That  the  or- 
dinary summons  or  process  for  the  present,  within 
this  Jurissdiction.  and  untill  other  provision  made 
to  the  contrary,  bee  a  warrant,  fairely  written,  un- 


der  some  Magistrate  or  Magistrates  hand  01 
mentioning  the  time  and  place  of  appearance,  and 
if  the  said  partye  or  partyes  do  not  appeare  ac- 
cording to  the  said  warcant  or  summons,  uppon 
Affidavitt  first  made,  of  the  serving  of  the  said 
person  or  persons,  the  Conrte  shall  graunt  an  at- 
tachement  against  the  person  or  persons  delin- 
quent, to  arrest  or  aprchcnd  the  said  person  or 
persons  for  his  or  theire  willfull  contempt,  and 
in  case  no  sufficient  securitye  or  bayle  bee  ten- 
dred,  to  imprison  the  said  partye  or  partyes  re- 
turneable  the  next  Courte,  that  is  capeable  to 
take  cogniscante  of  the  said  business  in  question, 
and  uppon  returne  of  the  said  Attachemenl.  the 
said  (/'ourte  to  doe  therein,  as  according  to  the 
laws  and  orders  of  this  .Jurissdiction,  and  in  that 
case  allso,  the  party  delinquent  to  bear  his  owne 
charges. 

It  is  allso  ordered.  That  attachcments  to  seize 
uppon  any  man's  lands  or  estate  bee  oncly  graunt- 
ed  for,  or  against,  such  goods  as  are  Horrcigwrs, 
and  doe  not  dwell  or  inhabitt  within  this  Juriss- 
diction  :  or,  in  case  uppon  credible  information 
it  appeare,  that  any  inhabitant  that  is  indebted, 
or  ingaged,  go  about  to  convey  away  his  estate 
to  defraud  his  creditors,  or  to  cowey  away  his 
person  out  of  this  Jurissdiction,  so  as  the  process 
of  this  Jurissdiction  may  not  bee  served  uppon 
his  person,  in  that  or  any  other  just  cases,  there 
may  bee  Attachement,  or  Attachements  graunted 
uppon  the  limitations  expressed  ;  provided,  that 
in  all  cases  of  Attachements,  all  or  anv  of  the 
creditors  have  libberty  to  declare  uppon  the  said 
Attachement,  if  hee  come  in  at  the  return  of  the 
said  Attachement ;  provided  allso,  that  if  any  At- 
tachement, laid  uppon  any  man's  estate  uppon  a 


pretence  of  a  great  summ ;  and  if  it  bee  not  prov- 
ed to  bee  due,  in  some  neire  portion  to  the  summ 
challenged,  and  mentioned  in  the  Attachernent, 
then  the  security  given  shall  bee  I) able  to  such 
dammages  as  are  susteined  thereby. 

It  is  further  ordered  and  decreed  by  this  Courtr, 
That  whosoever  takes  out  an  Attachernent  against 
any  man's  person,  goods,  chatties,  lands  or  heredit- 
aments, sufficient  security  and  caution  shall  bee 
given  by  him  to  prosecute  his  action  in  the  next 
courte,  and  to  answer  the  defendant  such  costs 
as  shall  bee  awarded  to  him  by  the  Courte ;  and 
in  all  Attachements  of  goods,  or  lands,  legall  notice 
shall  bee  given  unto  the  partye,  or  left  in  writ- 
ing at  his  howse  or  place  of  usual  abode,  if  hee 
live  within  this  Jurissdiction;  otherwise,  his  sute 
shall  not  proceed  :  And  it  is  further  ordered  and 
declared,  That  every  man  shall  have  libberty  to  re- 
plevye  his  cattle  or  goods  impounded,  distreined, 
seized  or  extended  (unless  it  bee  uppon  execution 
after  judgement,  and  in  payment  of  flynes  :)  provid- 
ed in  like  manner  hee  put  in  good  securitye  to  pros- 
ecute his  replevye,  and  to  satishe  such  dammasres, 
demaunds,  or  dues  as  his  adversary  shall  recover 
against  him  in  lawe. 

BALLAST. 

It  is  ordered  by  this  Courte  and  Authority  thereof  \ 
That  no  ballast  shall  bee  taken  from  any  shoare  in 
any  Towne  within  this  Jurissdiction  by  any  person 
whatsoever,  without  allowance  under  the  hands  of 
those  men  that  are  to  order  the  affaires  in  each 
Towne,  nppon  the  penalty  of  six  pence  for  every 
ehovell  full  so  taken  ;  unless  such  stones  as  they  had 
/aid  there  before  :  It  is  allso  ordered  by  the  autlwr- 


ity  aforesaid,  That  no  shipp  nor  other  vesscll  shaft 
cast  out  any  Ballast  in  the  channel!  or  other  place 
inconvenient,  in  any  harbor  within  this  Jurissdio 
tion ;  uppon  the  penalty  of  Ten  Pounds. 

BARRATRY. 

It  is  ordered,  decreed,  and  by  this  Conrle  declare  Jt 
That,  if  any  man  bee  proved  arid  adjudged  a  com- 
mon Barratcr  vexing  others  with  unjust,  frequent, 
and  needless  sutes  ;  it  shall  bee  in  the  power  of 
Courtcs,  both,  to  reject  his  cause,  and  to  punniah 
him  for  Barratry. 

BILLS. 

//  is  ordered  by  the  authority  of  this  Coitrte  j  That 
any  Debt  or  Debts  due  uppon  Bill  or  other  speciali- 
ty, assigned  to  another,  shall  bee  as  good  a  debt, 
and  estate,  to  the  assignee,  as  it  was  to  the  assigner 
at  the  time  of  its  assignation,  and  that  it  shall  bee 
lawfull  for  the  said  assignee,  to  sue  for  and  recover 
the  said  Debt  due  uppon  Bill  and  so  assigned,  as 
fully  as  the  original!  Creditor  might  have  done  : 
provided  the  said  assignment  be  made  uppon  the 
backside  of  the  Bill  or  speciality,  not  excluding 
any  just  or  cleare  interest  any  man  may  have  in 
any  Bills  or  specialtyes  made  over  to  them  by  Let- 
ters of  Attorney e,  or  otherwise. 

BOUNDS 

OF  TOWNES  AND  PERTICULAR  LANDS. 

Fforasmuch  as  the  Bounds  of  Townes  and  of  the 
lands  of  perticular  persons  are  carefully  to  bee 
meinteined,  and  not  without  great  danger  lo  bee 


removed  by  any ;  which  notwithstanding,  by  de- 
ficiency and  decay  of  markes,  may  at  unawares 
bee  done,  whereby  great  jealousies  of  persons, 
trouble  in  Townes,  and  incumbrances  in  Courtes, 
doe  often  arise,  which  by  due  care  and  meanes 
might  pe  prevented : 

It  is  therefore  ordered  by  this  Courte  and  authori- 
ty thereof,  That  every  Towne  shall  sett  out  their 
bounds  within  twoJve  months  after  the  publishing 
hereof,  and  after  their  Bounds  are  graunted,  and 
that  when  theire  Bounds  are  once  sett  out,  once  in 
the  yeare,  three  or  more  persons  in  the  Towne  ap- 
pointed by  the  Select  men,  shall  appointe  with  the 
adjacent  Townes,  to  goe  the  Bounds  betwixt  theire 
said  Townes,  and  renew  their  markes,  which 
markes  shall  bee  a  great  heape  of  Stones,  or  a  trench 
of  six  foott  long  and  two  foott  broad,  the  most  an- 
cient Towne  (which  for  the  River  is  determined 
by  the  Courte  to  bee  Weathersfeild.)  to  give  notice 
of  t'~e  time  and  place  of  meeting  for  this  perambu- 
lation, which  time  shall  bee  in  the  first  or  second 
month,  uppon  painc  of  five  pounds  forever)  Towne 
that  shall  neglet  the  same  :  provided,  that  the  three 
men  appointed  for  perambulation  shall  goe  in  theire 
severall  quarters,  by  order  of  the  select  men,  andat 
the  charge  of  the  scverall  Townes  : 

dud  it  is  further  ordered,  That  if  any  perlicular 
proprietor  of  lands  lying  in  common  v/ith  others 
shall  refuse  to  goe  by  himselfc  or  his  assigne,  the 
Bounds  betwixt  his  Innd  and  other  mens,  once  a 
yeare,  in  the  first  or  second  month,  beeing  request- 
ed thereunto,  uppon  one  weekes  warning,  hee  sliall 
forfeit  for  every  day  so  neglecting,  ten  shillings, 
ha  lie  to  the  party  mooving  thereto,  the  other  halfe 
to  the  Towne  ;  and  the  owners  of  all  appropriated 
3 


grounds  shall  Bound  every  pertioular  parcell  there- 
of wilh  sufficient  mearc-stones  and  shall  preserve 
and  keepe  them  so,  uppon  the  former  penalty. 

BURGLARY  AND  THEFT. 

Fforasmuch  as  many  persons  of  late  yea  res  have 
beene  and  are  apt  to  be  injurious  to  the  goods 
and  lives  of  others,  notwithstanding  all  care  and 
mcanes  to  prevent  and  punish  the  same  ; 

/if  is  therefore  ordered  by  this  Courte  and  authority 
thereof.  That  if  any  person  shall  cornmitt  Burglary 
by  breaking  up  any  dwelling  howse,  or  shall  robbany 
person  in  the  feild,  or  highwayes,  such  a  person  so 
offending,  shall,  for  the  first  offence,  bee  branded  on 
the  forehead  with  the  letter  (B) ;  if  hee  shall  of- 
fend in  the  same  kinde,  the  second  time,  hee  shall 
bee  branded  as  before,  and  allso.  bee  severely 
whipped  ;  and  if  hee  shall  fall  into  the  same  offence 
the  third  time,  hee  shall  bee  put  to  death  as  being  in- 
corrigible ;  and  if  any  person  shall  committ  such 
Burglary,  or  rob  in  the  feilds  or  howse  on  the  Lords 
day,  besides  the  former  punishments,  hee  shall  for 
the  first  offence  have  one  of  his  eares  cutt  of,  and 
for  the  second  offence  in  the  same  kinde,  he  shall 
looss  his  other  eare  in  the  same  manner;  and  if  hee 
fall  into  the  same  offence  the  third  time,  hee  shall 
hee  put  to  death. 

Secondly,  for  the  prevention  of  pillfring  and  Theft. 

ft  is  ordered  by  this  Courte  and  mtlhonty  thereof, 
That  if  any  person,  whether  children,  servants  or 
others,  shall  bee  taken  or  known  to  robb  any  orch- 
y-ud»  or  garden,  that  shall  hurte  or  steale  away 


27 

any  grafts  or  fruite  trees,  fniits,  linnen,  woollen,  or 
any  other  goods  left  out  in  orchyards,  gardens,  bark- 
sides,  or  other  place,  in  hovvse  or  feilds,  or  shall 
steale  any  wood,  or  other  goods  from  the  waterside, 
from  rnens  dores  or  yards,  hee  shall  forfeitt  treble 
damrnage  to  tho  owners  thereof,  and  such  sevcere 
punnishrnent  as  the  Courte  shall  thinkc  meetc. 

And  forasmuch  as  many  times  it  so  falls  out,  that 
small  thefts  and  other  offences  of  a  criminal)  na- 
ture are  committed,  both  by  English  and  Indians 
in  Townes  remote  from  any  prison,  or  other  tilt 
place,  to  which  such  malefactors  may  bee  com- 
mitted till  the  next  Courte  ; 

//  is  therefore  hereby  ordered,  That  any  Magis- 
trate uppon  complaint  made  to  him,  may  heare.  and 
uppon  due  proofe  determine,  any  such  small  offen- 
ces of  the  aforesaid  nature,  according  to  the  lawcs 
hecre  established,  and  give  warrant  to  the  Consta- 
ble of  that  Towne  where  the  offender  lives,  to  lev- 
ye  the  same  :  provided  the  damage  or  fyne  exceed 
not  forty  shillings;  provided  allso,  it  shall  bee  law- 
full  for  either  partyc  to  appeal  to  the  next  Courtu 
to  bee  holden  in  that  Jurissdiction.  giving  sufficient 
caution  to  prosecute  the  same  to  effect,  at  the  said 
Courte;  and  every  magistrate  shall  make  returne 
yearly  to  the  Courte  of  the  Jurissdiction  wherein 
hee  liveth,  of  what  cases  he  hath  so  ended  ;  and 
allso  the  Constable,  of  all  such  lyrics  as  they  have 
received,  and  where  the  offender  hath  nothing  to 
satisfie.  such  Magistrate  may  punnish  by  stocks  or 
whipping  as  the  cause  shall  deserve. 

It  is  allso  ordered  that  all  servants  or  workcmen 
iiiibeazling  the  goods  of  theire  masters,  or  such  as 
•  tstt  them  on  worke,  shall  make  restitution  and  bee 
'•able  to  all  lawcs  and  pcnaltyes,  as  other  men. 


CAPITALL  LAWES. 

1.  If  any  man  after  legall  conviction,  shall  have 
or  worship  any  other  God  but  the  Lord  God.  hee 
shall  bee  put  to  death.     Deut.  13.  6 — 17.  2. — Ex- 
odus 22.  20. 

2.  If  any  man  or  woman  bee  a  Witch,  that  is, 
hath   or  consulteth   with  a  farnilliar  spirritt,  they 
shall  bee  put  to  death.     Exodus  22.  13. — Levit.  20. 
27.— Deut.  18.  10,  11. 

3.  If  any  person   shall  blaspheme  the  name  of 
God  the  tlather,  Sonne  or  holy  Ghost,  with  direct, 
express,  presumptuous   or  highhanded   blasphemy, 
or  shall  curse  in  the  like  manner,  hee  shall  bee  put 
to  death.     Lev.  24.  15,  16. 

4.  If  any   person  shall  committ  any  willful]  mnr- 
ther,  which  is  manslaughter  committed  uppon  mal- 
ice, hatred  or  cruelty,  not  in  a  man's  necessary  Mid 
just  defence,  nor  by  mere  causualty  against  his  will, 
hee  shall  be  put  to  death.     Exo.  21.  12,  13,  14.— 
Numb.  35.  30,  31. 

5.  If  any  person  shall  slay  another  through  guile, 
either  by  poisonings  or  other  such  Devellish  prac- 
tice, hee  shall  bee  put  to  death.     Exo.  21.  14. 

6.  If  any  man  or  woman  shall  lye  with  any  beast 
or  bruite  creature,  by  carnall  copulation,  they  shall 
rurely  bee  put  to  death,  and  the  beast  shall  be  slainc 
and  buried.     Levit.  20.  15.  16. 

7.  If  any  man   Iveth  with  mankind  as  hee  lyeth 
with  woman,  both  of  them  have  committed  abomi- 
nation, they  both  shall  surely  be  put  to  death. — 
Levit.  20.  13. 

8.  If  any  person  committeth  adultery  with  a  rnar 
ried  or  espoused  wife,  the  Adulterer  and  the  Adul- 
teress shall  surely  bee  put  to  death.     Levit.  20.  10, 
<uul  18.  20.— Deut.  22.  23,  24. 


9.  If  any  man  shall  forcibly,  and  without  consent, 
Ravish  any  maide,  or  woman  that  is  lawfully  mar- 
ried or  contracted,  hee  shall  bee  putt  to  death.— 
Deut.  22.  25. 

10.  If  any  man  stealeth  a  man  or  mankinde,  hee 
shall  bee  put  to  death. — Exodus  21.  16. 

11.  If  any  man  rise  up  by  false  wittncss,  witting- 
ly and  of  purpose  to  take  away  any  man's  life,  hee 
shall  be  put  to  death.— Deut.  19.  16.  18.  19. 

12.  If  any  man  shall  conspire  or  attempt  any  in- 
vasion, insurrection  or  rebellion  against  the  Com- 
monwealth, hee  shall  bee  put  to  death. 

13.  If  any   Childe   or  Children   above  sixteene 
years   old    and  of    suffitient    understanding,   shall 
Curse  or  smite  their  naturall  father  or  mother,  hee 
or  they  shall  bee  put  to  death;  unless  it  can  bee 
sufficiently  testified    that   the   parents   have  beene 
very  unchristianly  negligent  in  the  education  of  sucn 
children,  or  so  provoke  them  by  extreme  and  cruell 
correction  that  they  have  beene  forced  thereunto  to 
preserve  themselves  from  death,  maiming. — Exo. 
21.  17.— Levit.  20.— Ex.  21.  15. 

14.  If  any   man   have   a   stubborne   and    rebel- 
lious  sonne   of  sufficient  yea  res   and   understand- 
ing, viz.   Six(eene  yeares  of  age,  which   will  not 
obey  the  voice  of  his  father  or  the  voice  of  his 
mother,  and   that  when  they  have  chastened  him 
«vill   not   hearken  unto   them  ;    then   may   his  {fa- 
ther and   mother,   being  his   naturall  parents,  lay 
hold   on  him  and    bring    him   to  the    Magistrates 
assembled  in  Conrte,  and  testitie  unto  them,  that 
thcire  sonne  is  stubborne  and   rebellious  and  will 
not  obey  theire  voice  and  Chastisement,  but  lives  in 
sundry  notorious  Crimes,  such  a  sonne  shall  bee  put 
to  death.     Dut.  21.  20,  21. 


so 

Ft  is  alho  ordered  by  this  Courte,  and  authority 
thereof,  That  whatsoever  Childe  or  servant  within 
these  Libberties,  shall  bee  convicted  of  any  stub- 
borne,  or  rebellious  carriage  against  their  parents 
or  governors,  which  is  a  forrunnerof  the  aforemen- 
tioned evills  ;  the  Governor  or  any  two  Magistrates 
have  libberty,  and  power  from  this  Courtc,  to  com- 
mit! such  person  or  persons  to  the  House  of  Cor- 
rection ;  and  there  to  rcmaine  under  hard  labour, 
and  severe  punnishmcnt  so  long  as  the  Courte,  or 
the  major  parte  of  the  Magistrates,  shall  judge 
mccle. 


And  whereas  frequent  experience,  gives  in  sad  ev- 
idence of  severall  other  vvaycs  of  uncleanes,  and 
.ascivious  carnages,  practised  amongst  us  ;  where- 
unto  in  regard e  of  the  variety  of  circumstances, 
pcrticiilar  and  express  lawes  and  orders  cannott 
suddenly  be  suted  ;  this  Courte  cannott  but  looke 
upon  evills  in  that  kinde,  as  very  pernitious  and 
destructive  to  the  wellfare  of  this  Commonwealth : 


And,  doe  judge,  that  severe  and  sharpe  punnish- 
ment,  should  bee  inflicted  uppon  such  delinquents  > 
And  as  they  doe  approve  of  what  hath  beene  al- 
ready done,  by  the  pcrticiilar  Courte,  as  agreeing 
with  the  General!  power  formerly  graunted  ;  so 
they  doe  hereby  contirme  the  same  power  to  the 
pcrticular  Courte  ;  whoe  may  proceed  either  by 
fyne,  committing  to  the  house  of  correction,  or 
other  corporal!  punnishmcnt,  according  to  theire 
discretion ;  desir.'ng  such  seasonable  and  exempla- 
ry executions,  may  bee  done  upon  offenders  in  that 
kiiide,  that  others  mav  heart-  and  fcarc. 


31 
CASCK  AND  COOPER. 

//  is  ordered  by  this  Courte  and  Authority  thereof, 
That  all  Casck  u«ed  for  Tarr  or  other  commodityes 
to  bee  put  to  sale,  shall  bee  assized  as  followeth  : 
viz .  Every  Casck,  commonly  called  barrills,  or 
halfe-hogs  heads,  shall  contain  twenty  eight  gallons 
wine  measure,  and  other  vessells  proportionable; 
and  that  titt  persons  shall  be  appointed  from  time 
to  time,  in  all  placess  needfull  to  gage  all  such  ves- 
sells or  Casck?,  and  such  as  shall  be  found  of  due 
assize  shall  be  marked  with  the  gagers  marke  and 
no  other,  who  shall  have  for  his  paines  foure  pence 
for  every  Tunn,  and  so  proportionably. 

And,  It  is  also  ordered,  that  every  Cooper  shall 
have  a  distinct  brand-rnarke,  on  his  owne  Casck, 
upon  paine  of  forfeiture  of  Twenty  shillings  in  ei- 
ther case,  and  so  proportionably  for  lesser  vessells. 

CATTLE,  CORNEFEILDS,  FFENCES. 

Fforasmuch  as  complaints  have  beene  made  of  a 
very  evill  practise  of  some  disordered  persons  in 
the  country  whoe  use  to  take  other  mens  horses, 
sometimes  upon  the  Commons,  sometimes  out  of 
theire  owne  grounds,  common  feilds,  and  inclos- 
ures,  and  ride  them  at  theire  pleasure,  without 
my  leave  or  privity  of  theire  owners : 

ft  is  therefore  ordered  and  Enacted,  by  the  au- 
thority of  this  Courte,  that  whosoever  shall  take 
any  other  mans  Horse,  Mare,  or  Drawing  Beast, 
out  of  his  inclosure,  uppon  any  Common,  out  of 
any  common-feild  or  elsewhere  ;  Except  such  bee 
taken  damrnage-faisant,  and  disposed  of  according  to 


n 

law,  without  leave  of  the  owners,  and  shall  ride  or 
use  the  same,  hee  shall  pay  to  the  partye  wronged, 
treble  dammages,  or  if  the  complainant  shall  desire 
it,  then  to  pay  onely  ten  shillings,  and  such  as  haw. 
not  to  make  satisfaction,  shall  bee  punnished  by 
whipping,  imprisonment,  or  otherwise,  as  by  law 
shall  be  adjudged ;  And  any  one  magistrate  may 
heare  and  determine  the  same. 

It  is  allso  further  ordered,  That  where  lands  lye  in 
common,  unfenced  ;  if  one  shall  improve  his  lands, 
by  fencing  in  severall,  and  another  shall  not ;  hee 
whoe  shall  so  improve,  shall  secure  his  land  against 
other  metis  cattle,  and  shall  not  compell  such  as 
joine  uppon  him,  to  make  any  fence  with  him  ;  ex- 
cept hee  shall  allso  improve  in  severall,  as  the  other 
doth  :  And  where  one  man  shall  improve,  before 
his  neighbour,  and  so  make  the  whole  fence,  if  after 
his  said  neighbour  shall  improve  allso,  he  shall 
then  satisfie  for  halfe  the  others  fence  against  him, 
according  to  the  present  value,  and  shall  meinteine 
the  sime  :  And  if  either  of  them  shall  after  lay  open 
his  said  feilds  (which  none  shall  doe  without  three 
months  warning)  hee  shall  have  libberty,  to  buy  the 
dividend  fence,  payinge  according  to  the  present 
valuation,  to  bee  sett  by  two  men.  chosen  by  either 
party  one  :  The  like  order  shall  bee,  where  any 
man  shall  improve  land,  against  any  Towne  Com- 
mon ;  provided,  this  order  shall  not  extend  to 
house  lotts,  not  exceeding  ten  acres ;  but,  if  in  such, 
one  shall  improve,  his  neighbour  shall  be  compella- 
ble  to  make  and  meinteine  one  halfe  of  the  fence 
between  them,  whether  he  improve  or  not. 

Provided  all?o,  that  no  man  shall  bee  lyable  to 
satisfie  for  dammage  done  in  any  ground  not  suffi- 
ciently fenced  ;  except  it  shall  bee  for  darnmage 
4oiie  by  swyne  under  a  yeare  old,  or  unruly  Cattle, 


33 

«vhich  will  not  be  restrained  by  ordinary  {Fences,  or 
where  any  man  shall  put  his  Cattle,  or  otherwise 
voluntarily  trespass  uppon  his  neighbours  ground  : 
.And  if  the  partye  damnified  find  the  Cattle  dam- 
mage-faisant,  nee  may  impound  or  otherwise  dispose 
of  them.  (1) 

CATTLE  TO  BE  MARKED. 

Ffor  the  preventing  of  differences  that  may  arise 
&c.  in  the  owning  of  cattle,  that  bee  lost  or  stray 
away  : 

It  is  ordered  by  this  Cor/r/e,  that  the  owners  of 
any  Cattle  within  this  Jurissdiction,  shall  eare 
marke  or  brand  all  theire  Cattle  and  swyne,  that 
are  above  haife  a  yeare  old  (except  horses)  and 
that  they  cause  theire  several!  markes  to  bee  regis- 
tred  in  the  towne  booke  ;  and  whatsoever  cattle 
shall  be  found  unmarked,  after  the  first  of  July 
next,  shall  forfeitt  five  shillings  a  head,  whereof 
two  shillings  sixpence  to  him  that  discovers  it.  and 
the  other  to  the  country. 

COMMON  FFEILDS 

Whereas  the  condition  of  these  several!  plantations 
in  these  beginnings,  wherein  we  are,  is  such,  that 
necessity  constraines  to  improve  much  of  the 
ground  belonging  to  the  several  I  townes,  in  a 
common  way,  and  it  is  observed,  that  the  pub- 
lique  and  generall  good  (which  ought  to  bee  at- 
tended in  all  such  improvements  as  aie  most 

(1)  At  a  session  of  the  General  Court,  in  October  1652. 
it  was  declared  and  explained,  that  this  order  did  not 
reach  the  lauds  on  the  east  side  of  the  great  river. 


34 

propper  to  them,  and  may  best  advance  the  same) 
receives  much  prejudice  through  want  of  a  pru- 
dent ordering  and  disposing  of  those  seveiall 
common  lands,  so  as  may  best  effect  the  same  : 

It  is  ordered  by  this  Court e  and  authority  there- 
of, That  each  towne  shall  chuse  from  among  them- 
selves, five  able  and  discreet  Tnen,  whoe,  by  this 
order,  have  power  given  them,  and  are  required,  to, 
take  the  common  lands  belonging  to  each  of  the 
several!  townes  respectively,  into  serious  and  sadd 
consideration,  and  after  a  thorough  disgesting  of 
theire  owne  thoughts,  sett  downe  under  theire 
hands,  in  what  way  the  said  lands  may,  in  theire 
judgments,  bee  best  improved  for  the  common  good  ; 
And  whatsoever  is  decreed  and  determined  by  the 
saide  five  men  in  each  to\vne,  or  any  three  of  them, 
concerning  the  way  of  improvement  of  any  such 
lands,  shall  bee  attended  by  all  such  persons  that 
have  any  propriety  or  interest  in  any  such  lands  so 
judged. 

And  whereas  also,  much  dammage  hath  arisen,  not 
onely  from  the  unrulines  of  some  kinde  of  cattle, 
but  also  from  the  weaknes  and  insufficiency  of 
many  fences,  whereby  much  variance  and  differ- 
ence hath  followed,  which,  if  not  prevented  for 
the  future,  may  bee  very  prejuditiall  to  the  pub- 
lique  peace  ; 

//  is  likewise,  therefore  ordered,  that  the  said  five 
men,  so  chosen,  or  at  least,  three  of  them,  shall  sett 
downe  what  fences  shall  bee  made  in  any  common 
grounds,  and  after  they  are  made,  to  cause  the  sam^- 
to  bee  viewed,  and  to  sett  such  fynes  as  they  judg«» 
meete,  upon  any  as  shall  neglect,  or  not  duely  at 


33 

tend  theire  order  therein ;  and  what  fences  are 
made  and  judged  sufficient  by  them,  whatsoever 
dammage  is  done  by  hoggs  or  any  other  cattle,  shall 
bee  paid  by  the  owners  of  the  said  cattle.  And  the 
several!  townes  shall  have  libberty  once  every 
yeare,  to  allter  any  three  of  the  former  five,  and  to 
make  choyce  of  others  in  theire  roome:  It  being 
provided,  that  any  perticular  man  or  men  shall  have 
libberty  to  inclose  any  of  theire  perticular  grounds, 
and  improve  them  according  to  theire  owne  discre- 
tion, by  mutuall  agreement,  notwithstanding  thi» 
order. 

CAVEATS  ENTRED. 

Whereas  it  appears,  that  divers,  to  defeat  and 
defraud  theire  creditors,  may  secreetly  and  under 
hand,  make  bargaines  and  contracts  of  theire  lands, 
lotts  and  accommodations,  by  means  whereof,  when 
the  creditor  thinkes  hee  hath  a  meanes,  in  due  or- 
der of  law,  to  declare  against  the  said  lands,  lotts 
and  accommodations,  and  so  recover  satisfaction 
for  his  debt,  hee  is  wholly  deluded  and  frustrated, 
which  is  contrary  to  a  righteous  rule,  that  e very- 
man  should  pay  his  debt  with  his  estate,  bee  it  in 
what  it  wilt  bee,  either  real!  or  personall  ;  this 
courte  taking  it  into  consideration,  doe  order,  sen- 
tence and  decree,  that  if  any  creditor,  for  the  fu- 
ture, doe  suspect  any  debtor,  that  hee  may  prove 
non-solvent  in  his  personall  estate,  hee  may  re- 
paire  to  the  register  or  recorder  of  the  plantation 
where  the  lands,  lotts  or  accommodations  lyes,  and 
enter  a  caveatt  against  the  lands,  lotts  and  accom- 
modations of  the  said  debtor,  and  shall  give  to  the 
said  register  or  recorder  fou re  pence  for  the  entry 
thereof;  and  the  said  creditor  or  creditors  shall  take 


36 

out  summons  against  the  said  debtor,  and  in  due 
forme  of  law,  the  next  pcrticular  courte,  either  for 
the  whole  colony,  or  for  the  perticular  plantation 
where  the  said  lands,  lotts  or  accommodations  lyes, 
or  the  next  courte  ensuing,  declare,  against  the  said 
debtors  lands,  lotts  and  accommodations:  And  so 
if  the  creditor  recover,  hee  may  enter  a  judgement 
uppon  the  said  lotts,  lands  and  accommodations,  and 
take  out  an  extent  against  the  said  land,  directed  to 
a  knowne  officer,  whoe  may  take  two  honest  and 
sufficient  men  of  the  neighbours,  to  apprize  the  said 
lands,  lotts,  and  accommodations,  either  to  be  sould 
out  right,  if  the  debtor  so  require,  or  sett  a  reason- 
able rent  uppon  the  same,  untill  the  debt  bee  paid, 
and  deliver  the  possession  thereof  either  to  the 
creditor  or  creditors,  his  or  theire  assignee  or  as- 
signs, or  any  other;  and  what  sale  or  sales,  lease  or 
leases  the  said  officer  makes,  being  orderly  record- 
ed, accoiding  to  former  order  of  recording  of  lands, 
shall  be  as  legall  and  bynding,  to  all  intents  and  pur- 
poses, as  though  the  debtor  himselfe  had  done  the 
same  :  Provided,  that  if  the  said  debtor  can  then 
presently  procure  a  chapman  or  tennant  that  can 
give  to  the  creditor  or  creditors,  satisfaction  to  his 
or  theire  content,  hee  shall  have  the  first  refusing 
thereof:  Allso  it  is  declared,  that  hee  which  first 
enters  caveatts  as  above  said,  and  his  debt  being 
due  at  his  entering  the  said  caveatt,  shall  be  firs* 
paid;  and  so  every  creditor,  as  hee  enters  his  ca- 
veatt, and  his  debt  becomes  due,  shall  bee  orderly 
satisfied;  unless  it  appears  at  the  next  courle,  the 
debtors  lands,  lotts  and  accommodations  prove  in- 
sufficient to  pay  all  his  creditors,  then  every  man 
to  have  a  sutable  proportion  to  his  debt  out  of  the 
same;  and  )et  notwithstanding  every  man  to  re- 
ceive his  parte  according  to  the  entry  of  his  cave- 


st 

att ;  yet  this  is  not  to  seclude  anj  Creditor  to  recov 
er  other  satisfaction,  either  uppon  the  person  or 
estate  of  the  said  debtor,  according  to  lawe  and 
custome  of  the  colony:  As  allso,  it  is  further  de 
creed,  that  what  sale  or  bargaine  soever,  the  debtor 
shall  make  concerning  the  said  lotts,  lands  and 
accommodations,  after  the  entring  of  the  said  cave- 
ait,  shall  be  voide  as  to  defraude  the  said  creditors. 

//  is  allso  further  explained  and  declared,  That  if 
the  said  debtor  bee  knowne  to  bee  a  non-solvent 
man  before  the  (irst  caveatt  entred  against  the 
said  lotts,  lands  and  accommodations,  and  the  same 
appeare  at  the  next  perticular  courte,  then  the 
courte  shall  have  power  to  call  in  all  the  creditors 
in  a  shorte  time,  and  sett  an  equal!  and  indifferent 
way  how  the  creditors  shall  bee  paid  out  of  the  said 
lotts,  lands  and  accommodations ;  otherwise,  if  the 
said  debtor  proove  insolvent  after  the  first  caveatt 
entred,  then  this  order  to  be  dtilye  observed  ac- 
cording  to  the  premisses,  and  true  intent  and  mean- 
ing thereof. 

//  is  allso  further  declared,  and  explained,  That 
the  said  recorder  or  register  of  the  said  caveatt 
shall,  the  next  perticular  courte,  as  aforesaid,  re- 
turne  the  said  cavcatts  that  are  with  him,  at  which 
time  and  courte,  the  enterers  of  the  said  caveatts 
shall  be  called  forth  to  prosecute  the  same  the  next 
perticular  courte  following;  and  if  the  enterer  of 
the  said  caveatts  fail  to  prosecute  according  to  thi? 
order,  the  register  or  recorder  of  the  said  caveatt  or 
caveatts,  shall  put  a  vacatte  upon  the  said  caveat ( 
or  caveatls,  which  shall  be  invalid  or  voide  to  hold 
fhe  said  lotts,  lands  and  accommodations  aforesaid,* 


si 

DISSORDER  IN  COURTE. 

//  is  ordered  by  this  courte,  that  whosoever  doth 
dissorderly  speake  privately,  during  the  sitting  of 
the  courte,  with  his  neighbour,  or  two  or  three  to- 
gether, shall  presently  pay  twelve  pence,  if  the 
courte  so  thinke  rneett, 

SECREETS  IN  COURTE. 

It  is  ordered  and  decreed,  That  whatsoever  mem 
her  of  the  generall  courte,  shall  reveale  any  secreett 
lhat  the  courte  enjoynes  to  be  kept  secreelt,  or  shall 
make  knowne  to  any  person  what  any  one  member 
of  the  courte  speakes  concerning  any  person  or 
business  that  may  come  into  agitation,  in  the  courte 
shall  forfeitt  for  every  such  fault,  ten  pounds,  and 
bee  otherwise  dealt  withal!,  at  the  discretion  of  the 
courte;  and  the  secretary  is  to  read  this  order  at 
the  beginning  of  every  generall  courte. 

CHILDREN. 

Fforassmuch  as  the  good  education  of  children  is  of 
singular  behoofe  and  benefit  to  any  common- 
wealth; and  whereas  many  parents  and  masters 
are  too  indulgent  and  negligent  of  theire  duty  in 
that  kinde  : 

//  is  therefore  ordered  by  this  courte,  and  author- 
ity  thereof,  That  the  selectmen  of  every  towrie  in 
the  several!  precincts  and  quarters  where  they  dwell, 
shall  have  a  violent  eye  over  theire  brethren 
and  neighbours,  to  see,  first,  that  none  of  them  shall 
Buffer  so  much  barbarisme  in  any  of  their  fam- 


ilyes,  as  not  to  indeavor  to  teach  hj  themselves 
or  others,  theire  children  and  apprentices,  so  much 
learning,  as  may  inable  them  perfectly  to  read  the 
English  tongue,  and  knowledge  of  the  capital!  lawes, 
uppon  penalty  of  twenty  shillings  for  each  neglect 
therein  ;  allso,  that  all  masters  of  familyes,  doe, 
once  a  week,  at  least,  catechise  theire  chilldren  and 
servants,  in  the  grounds  and  principles  of  religion, 
and  if  any  bee  unable  to  doe  so  much,  that  then,  at 
the  least,  they  procure  such  children  or  apprenti- 
ces to  learne  some  shorte  orthodox  catechisme, 
without  bookc  that  they  may  bee  able  to  answer  to 
the  questions  that  shall  bee  propounded  to  them  out 
of  such  catechismes  by  theire  parents  or  masters, 
or  any  of  the  selectmen,  where  they  shall  call  them 
to  a  try  a  II  of  what  they  have  learned  in  this  kinde  ; 
and  further,  that  all  parents  and  masters  doe  breed 
and  bring  up  theire  children  and  apprentices  in 
Borne  honest  lawfull  calling,  labour  or  imployment, 
either  in  husbandry  or  some  other  trade  profitable 
for  themselves  and  the  commonwealth,  if  they  will 
not  nor  cannott  traine  them  up  in  learning,  to 
fitt  them  for  higher  irnployments ;  and  if  any  of 
the  selectmen,  after  admonition  by  them  given 
to  such  masters  of  familyes,  shall  finde  them  still 
negligent  of  theire  duty,  in  the  perticulars  afore- 
mentioned,  whereby  children  and  servants  become 
rude,  stubborne  and  unruly,  the  said  selectmen, 
with  the  helpe  of  two  magistrates,  shall  take  such 
children  or  apprentices  from,  tht.n,  and  place  them 
with  some  masters  for  years,  boyes  till  they  come 
to  twenty-one,  and  girles  eighteene  years  of  age 
compleat,  which  will  more  strictly  looke  unto  and 
force  them  to  submitt  unto  governement,  according 
to  the  rules  of  this>  order,  if  by  fa 5 re  meanes  and 
former  instructions  tin  v  will  not  bee  tlravvnc  unto  il. 


CONSTABLES. 

//  is  further  ordered  by  the  authority  aforesaid^  tha 
any  person  tendered  to  any  constable  of  this  juiiss- 
diction,  by  any  constable  or  other  officer  belonging 
to  any  fforeinge  jurissdiction  in  this  country,  or  by 
warrant  from  any  such  authority,  such  shall  present- 
ly bee  received  and  conveyed  forthwith,  from  con- 
stable to  constable,  till  they  shall  bee  brought  unto 
the  place  to  which  they  are  sent,  or  before  some 
magistrate  of  this  jurissdiction,  whoe  shall  dispose 
of  them,  as  the  justice  of  the  cause  shall  require 
and  that  all  hue  and  cryes  shall  be  duely  received 
and  dilligeritly  pursued  to  full  effect. 

It  is  ordered  by  the  authority  of  this  Courlc,  That 
every  constable  within  one  jurissdiction  shall,  hence- 
forth, have  full  power  to  make,  signe  and  put  forth, 
persuits  or  hue  and  cryes,  after  murthers,  malefac- 
tors, peacebreakers,  theeves,  robbers,  burglarers, 
and  other  capitall  offenders,  where  no  magistrate  is 
neare  hand ;  allso,  to  apprehend,  without  warrant, 
such  as  are  overtaken  with  drinke,  swearing,  sa- 
boath-breaking,  slighting  the  ordinances,  lying,  va- 
grant persons,  night-walkers,  or  any  other  that  shall 
offend  in  any  of  these :  Provided,  they  bee  taken 
in  the  manner,  eitner  oy  sighte  of  the  constable,  or 
by  present  information  from  others ;  as  allso,  to 
make  search  for  all  such  persons,  eitner  on  the  sa- 
boath  day,  or  other,  when  theire  shall  bee  occasion, 
in  all  bowses  lycenced  to  sell  either  beare  or  wyne, 
or  in  any  other  suspected  or  dissordered  places, 
and  those  to  apprehend  and  keepe  in  safe  custody, 
till  opportunity  serves  to  bring  them  before  one 
of  the  next  magistrates,  for  further  examination, 
provided,  that  when  a  constable  is  imployed  by  any 


4! 

of  the  magistrates  for  apprehending  of  any  person, 
hec  shall  not  doe  it  without  warrant  in  writing ;  and 
if  any  person  shall  refuse  to  assiste  any  constable 
in  the  execution  of  his  office,  in  any  of  the  things 
aforementioned,  being  by  him  required  thereto, 
they  shall  pay  for  neglect  thereof,  ten  shillings  to 
the  use  of  the  country,  to  bee  levyed  by  warrant 
from  any  magistrate  before  whom  any  such  offend- 
er shall  be  brought;  and  if  it  appeare.  by  good  tes- 
timony, that  any  shall  willfully,  obstinately  or  con- 
temptuously, refuse  or  neglect  to  assiste  any  consta- 
ble, as  is  before  expressed,  hee  shall  pay  to  the  use 
of  the  country,  forty  shillings;  and  if  an)'  magistrate 
or  constable,  or  any  other,  uppon  urgent  occasions, 
shall  refuse  to  doe  their  best  indeavor  in  raising 
and  prosecuting  hue  ond  cryes,  by  foott,  and  if  need 
bee,  by  horse,  after  such  as  have  committed  capitall 
crimes,  they  shall  forfeitt,  for  the  use  aforesaid,  for 
every  such  offence,  forty  shillings. 

And  it  is  allso  ordered.  That  the  constables  in 
each  towne,  shall  be  chosen  from  yeare  to  yearc, 
before  the  first  of  March,  and  sworne  to  that  office 
the  next  courte  following,  or  by  some  magistrate  or 
magistrates. 

CONVEYANCES  FRAUDULENT. 

It  is  ordered  by  this  Court  e,  and  authority  thereof, 
That  all  covenous  or  fraudulent  alienations  or  con- 
veyances of  lands,  tenements  or  any  hereditaments, 
shall  bee  of  no  validity  to  defeat  any  man  from  due 
debts  or  legacies,  or  from  any  just  title,  clayme  or 
possession  of  that  which  is  so  fraudulently  convey- 
ed ;  and  that  no  conveyance,  deed  or  promise 
whatsoever,  shall  bee  of  validity,  if  it  bee  gotten 
by  illegal  violence,  imprisonment,  threatening,  or 
any  kind  of  forcible  compulsion,  called  dures, 
4 


CRUELTY. 

ft  is  ordered  6y  this  Courle,  and  authority  thereof, 
That  no  man  shall  exercise  any  tiranny  or  cruelty 
towards  any  brute  creatures,  which  are  usually  kept 
for  the  use  of  man. 

DAMMAGES  PRETENDED. 

//  is  ordered  by  this  Courte,  That  no  man  in  any 
sute  or  action  against  another,  shall  falsely  pretend 
great  darmnages  or  debts,  to  vexe  his  adversary  ;  and 
if  it  shall  appeare  any  doth  so,  the  Courte  shall 
have  power  to  sett  a  reasonable  fyne  on  his  head. 

DEATH  UNTIMELY. 

It  is  ordered  by  this  Courte  and  authority  thereof, 
That  whensoever  any  person  shall  come  to  any 
very  sudden,  untimely  or  unnatural!  death,  some 
magistrate,  or  the  constable  of  that  towne,  shall 
forthwith  summon  a  jury  of  sixe  or  twelve  discreet 
men  to  inquire  of  the  cause  and  manner  of  theire 
death,  whoe  shall  present  a  true  verdict  thereof, 
unto  some  neare  magistrate,  uppon  theire  oath. 

DELINQUENTS. 

It  is  ordered,  That  all  persons  hereafter  Commit- 
ted uppon  delinquency,  shall  beare  the  charges  thfe 
country  shall  bee  at  in  the  prosecution  of  (hem 
and  shall  pay  to  the  master  of  (he  prison  or  howse 
of  correction,  two  shillings  six  pence,  before  bee 
bee  freed  therefrom.  Vide  execution  upon  delm 
quents. 


49 

ECLESEASTICALL. 

Fforasmuch,  as  the  open  contempt  of  Gods  word, 
and  messengers  thereof,  is  the  desolating  sinne  of 
civill  states  and  churches,  and  that  the  preaching 
of  the  word  by  those  whome  God  doth  send,  is 
the  cheife  ordinary  meanes  ordained  by  God,  for 
the  converting,  edefying  and  saving  the  soules  of 
the  elect,  through  the  presence  and  power  of  the 
Holy  Ghost  thereunto  promised ;  and  that  the 
ministry  of  the  word  is  sett  up  by  God  in  his 
churches  for  those  holy  ends ;  and  according  to 
the  respect  or  contempt  of  the  same,  and  of  those 
whome  God  hath  sett  aparte  for  his  owne  worke 
and  imployment,  the  weale  or  woe  of  all  Chris- 
tian states,  is  much  furthered  and  promoted  : 

It  is  therefore  ordered  and  decreed,  Thit  if  any 
Christian,  so  called,  within  this  jurissdiction,  shall 
contemptuously  beare  hirnselfe  towards  the  word 
preached,  or  the  messengers  that  are  called  to  dis- 
pense the  same  in  any  congregation,  when  hee  doth 
faithfully  execute  his  service,  and  office  therein,  ac- 
cording to  the  will  and  word  of  God,  either  by  in- 
terrupting him  in  his  preaching,  or  by  charging  him 
falsely  with  an  error,  which  hee  hath  not  taught,  in 
the  open  face  of  the  church,  or  like  a  sonne  of  Ko- 
rah,  cast  uppon  his  true  doctrine,  or  himselfe,  any 
reproach  to  the  dishonor  of  the  Lord  Jesus,  whoe 
hath  sent  him,  and  to  the  disparagement  of  that  his 
holy  ordinance,  and  making  Gods  wayes  contempt- 
ible and  rediculous,  that  every  such  person  or  per- 
sons, whatsoever  censure  the  church  may  passe, 
ihall,  for  the  first  scandall  bee  convented  and  re- 
proved openly,  by  the  magistrates,  at  some  lecture, 


44 

and  bound  to  their  good  behaviour :  And  if  a  se- 
cond time  they  breake  forth  into  the  like  contempt- 
nous  carriages,  they  shall  either  pay  five  pounds  to 
the  publique  treasure,  or  stand  two  houres  openly, 
uppon  a  block  or  stoole  foure  foott  high,  uppon  a 
lecture  day,  with  a  paper  fixed  on  his  breast  writ- 
ten with  capital  letters,  AN  OPEN  AND  OBSTINATK' 

CONTEM.VER  OF  GODS   HOLY    ORDINANCES,  that    Others 

may  feare  and  bee  ashamed  of  breaking  out  into  the 
like  wickedness. 

//  is  ordered  and  decreed  by  this  Courte,  and  au- 
thority thereof,  That  wheresoever  the  ministery  of  the 
word,  is  established,  according  to  the  order  of  the 
gospell,  throughout  this  jurissdiction,  every  person 
shall  duely  resorte  and  attend  thereunto  respective- 
ly, uppon  the  Lords  day,  and  uppon  such  publique 
fast  days,  and  dayes  of  thanksgiving,  as  are  to  bee  ge- 
nerally kept  by  the  appointment  of  authority  :  And  if 
any  person  within  this  jurisdiction  shall,  without  just 
and  necessary  cause,  withdraw  himselfe  from  hearing 
the  publique  ministry  of  the  word,  after  due  meanes 
of  conviction  used,  hee  shall  forfeitt  for  his  absence, 
from  every  such  publique  meeting,  five  shillings  : 
All  such  offences  to  bee  heard  and  determined  by 
any  one  magistrate,  or  more,  from  time  to  time. 

Fforasmuch,  as  the  peace  and  prosperity  of  church 
es,  and  members  thereof,  as  well  as  civill  rights 
and  libberties,  are  carefully  to  bee  maintained  t 

It  is  ordered  by  this  Courte  and  decreed^  That  the 
civill  authority  heere  established,  hath  power  and 
libberty  to  see  the  peace,  ordinances  and  rules  of 
Christe,  bee  observed  in  every  church,  according 
to  his  word:  As  allso,  to  deale  with  any  church 


member,  in  a  way  of  civill  justice,  notwithstanding 
any  church  relation,  office  or  interest,  so  it  bee 
done  in  a  civill,  and  not  in  an  eclese'isticall  way, 
nor  shall  any  church  censure  degrade  or  depose  any 
man  from  any  civill  dignitye,  office  or  authority  nee 
shall  have  in  the  commonwealth. 

ESCHEATS. 

//  is  ordered  by  this  Courle  and  authority  thereof  \ 
That  where  no  heire  or  owner  of  howses,  lands,  ten- 
ements, goods  or  chattells,  can  bee  found,  they  shall 
bee  seized  to  the  publique  treasury,  till  such  heirs 
or  owners  shall  make  due  clayme  thereunto  ;  unto 
whome  they  shall  bee  restored  uppon  just  and  reas- 
onable termes. 

EXECUTIONS. 

Whereas  by  reason  of  the  great  scarcity  of  mony, 
execution  being  taken  of  severall  persons  goods, 
that  have  been  sould  at  very  cheape  rates,  to  the 
extreme  dammage  of  the  debtor  ; 

It  is  therefore  ordered,  That  whatsoever  execu- 
tion shall  bee  graunted  uppon  any  debts  made  after 
the  publishing  of  this  order,  the  creditor  shall  make 
choyce  of  one  partye,  the  debtor  of  a  second,  and 
the  courte  of  a  thirde,  who  shall  prise  the  goods  so 
taken  uppon  execution  aforesaid,  and  deliver  them 
to  the  creditor. 

EXECUTION  UPPON  DELINQUENTS. 

It  is  ordered,  That  the  governor,  or  any  othei 
magistrate  in  this  jurissdiction,  shall  have  libbert/ 


and  power  to  call  forth  ony  person  thai  hath  been* 
publiqiiely  corrected  for  any  misbehavior,  to  doe 
execution  uppon  any  person  or  persons,  by  whip- 
ping or  otherwise  ;  and  that  at  any  time  hereafter, 
as  occassion  doth  require,  and  in  case  of  defect  or 
want  of  such,  any  other  person,  as  hee  or  they  shall 
thinke  meete. 

FFENCES. 

Ffor  the  preventing  of  differences  that  may  arise,  in 
making  or  setting  downe  of  fences,  ai  well  in 
meadows  as  up  laud  ; 

//  is  ordered,  That  in  the  setting  of  posts  and 
rayles,  or  hedges  in  the  meadow  and  hcine  lotts^ 
there  shall  bee  a  libberty  for  either  partye  of  twelve 
inches  from  the  dividend  lyne,  for  breaking  of  the 
ground  to  sett  the  posts  on,  for  the  laying  on  the 
hedges;  but  the  stakes  and  pastes  are  to  be  sett  in, 
the  devident  lyne  ;  and  in  upland  there  is  allowed  a 
libbertye  of  foure  foott  for  a  ditch  from  the  divi- 
dend lyne,  ffor  either  of  the  bordering  partyes, 
where  the  proportion  of  {Fences  belongs  unto  them. 

FFYNES. 

It  is  ordered  by  this  Court  e,  That  the  estreits  for 
the  levying  of  ffynes  ?haH  goe  forth  once  every 
yeare.  both  in  the  townes  on  the  river  and  by  the 
sea  side;  and  that  some  officer  in  each  place,  shall 
bee  appointed  to  Icvye  and  receive  the  same,  and 
the  accounts  to  bee  given  in  by  the  severall  plan- 
tations of  theire  genera  1 1  charge,  at  the  Courte  in 
September,  for  the  perfecting  of  the  accounts  be 
twixt  them;  Mr.  Ludlow  is  desired  to  graunt  out 
warrants  for  the  ffynes  by  the  sea  side. 


FFYRE. 

//  is  ordered  by  this  Conrte  and  authority  thereof, 
That  whosoever  shall  kindle  any  fire  in  the  woods 
or  grounds  lying  in  Common,  or  inclosed,  so  as  the 
same  shall  runn  into  such  corne  grounds  or  inclos- 
ures,  before  the  tenth  of  the  first  month,  or  after 
the  last  of  the  second  month,  or  on  the  last  day  of 
the  weeke,  or  on  the  Lords  day,  shall  pay  all  dam- 
nnges  and  halfe  so  much,  for  a  fyne,  or  if  not  able  to 
pay,  then  to  bee  corporally  punished  by  warrant 
from  one  magistrate,  or  more,  as  the  otfence  shall 
deserve,  not  exceeding  twenty  stripes  for  one  of- 
fence ;  provided  that  any  man  may  kindle  fyre  up- 
pon  his  owne  ground,  at  any  time,  so  as  no  dam- 
mage  come  thereby,  either  to  the  country  or  any 
perticular  person  ;  and  whosoever  shall  wittingly 
and  willingly  burne  or  destroy  any  frame,  timber, 
hewne,  sawne,  or  riven,  heapes  of  wood,  charcoale, 
corne,  hay,  strawe,  hatnpe,  fllaxe,  pitch  or  tarr,  he«j 
shall  pay  double  dammages. 

FFORGERIE. 

It  is  ordered  by  this  Conrte,  and  authority  thereof  \ 
That  if  any  person  shall  forge  any  debt,  or  con- 
veyance, testament,  bond,  bill,  release,  acquittance, 
letter  of  attorneye,  or  any  writing  to  prevent  equi- 
ty and  justice,  he  shall  stand  in  the  pillorye  three 
severall  lecture  dayes,  and  render  double  darnma- 
ges  to  the  partye  wronged  ;  and  allso,  bee  disabled 
to  give  any  evidence  or  verdict  to  any  Courte  or 
magistrate. 


FFORNICATION. 

It  is  ordered  by  this  Courle  and  authority  thereof, 
That  if  any  man  shall  committ  fornication,  \vithany 
single  woman,  they  shall  bee  punnished,  either  by 
injoyning  to  marriage,  or  fyne,  or  corporall  punnish- 
ment,  or  all,  or  any  these,  as  the  Courte  or  ma- 
gistrates shall  appoint,  most  agreeable  to  the  word 
of  God. 

GAMING. 

Uppon  complaint  of  great  disorder,  by  the  use  of 
the  game  called  shuffle  board,  in  bowses  of  com- 
mon interteinement,  whereby  much  precious 
time  is  spent  unfruitfuily,  and  much  waste  of  wyne 
and  beare  occasioned  ; 

It  is  therefore,  ordered  and  enacted  by  the  authori 
ty  of  this  Courte,  That  no  person  shall  henceforth 
use  the  said  game  of  shuffle  board  in  any  such  howse. 
nor  in  any  other  howse,  used  as  common  for  such 
purpose,  uppon  payne  for  every  keeper  of  such 
howse,  to  forfeitt  for  every  such  offence,  twenty 
shillings  :  And  for  every  person  playing  at  the  said 
game  in  any  such  howse,  to  forfeitt  for  every  such 
offence,  five  shillings  ;  the  like  penalty  shall  bee 
for  playing  in  any  place,  at  any  unlawful!  game. 

GUARDS  AT  MEETING. 

It  is  ordered  by  thin  Courte,  That  there  shall  bee 
a  guard  of  twenty  men  every  sabbath  and  lecture- 
day,  compleat  in  theire  armes,  in  each  several! 
tmvne  uppon  the  river,  and  at  Seabrooke  and  fFarm- 


49 

ington  eight  a  piece  ;  each  towne  uppon  the  sea 
side,  in  this  jurissdiction,  ten  ;  and  as  the  number  of 
men  increase  in  the  townes,  theire  guardes  are  to 
increase  :  And  it  is  further  ordered,  that  each  man 
in  the  guards  aforesaid,  shall  bee  allowed  halfe  a 
pound  of  powder  yearely,  by  thcire  several  townes. 

HIGHEWAYES. 

Whereas  the  mainteining  of  high  wayes,  in  a  fitt 
posture  for  passage,  according  to  the  severall  oc- 
cassions  that  occure,  is  not  onely  necessary,  for 
the  comfort  and  safety  of  man  and  beast,  but 
tends  to  the  proffitt  and  advantage  of  any  people, 
in  the  issue ; 

It  is  thought  fit  and  ordered,  That  each  towne 
within  this  jurissdiction  shall,  every  yeare,  chuse 
one  or  two  of  theire  inhabitants,  as  surveyors,  to 
take  care  of,  and  oversee  the  mending  and  repair- 
ing of  the  highways  within  their  severall  townes 
respectively,  who  have  hereby,  power  allowed 
them  to  call  out  the  severall  cartes  or  persons  fitt 
for  labour  in  each  towne,  two  dayes  at  least,  in 
each  yeare.  and  so  many  more,  as  in  his  or  theire 
judgements,  shall  bee  found  necessarry  for  the  at- 
taining of  the  aforementioned  end,  to  be  directed  iu 
theire  worke  by  the  said  surveyor  or  surveyors , 
and  it  is  left  to  his  or  theire  libberties,  either  to  re- 
quire the  labour  of  the  severall  persons  in  any  fain 
ilye,  or  of  a  teame  and  one  person,  where  such  are, 
as  hee  finds  most  advantageous  to  the  publique  oc- 
cassions,  hee  or  they  giving  at  least  three  dayes  no 
tice  or  warning  beforehand,  of  such  imployment  t 
and  if  any  refuse  or  neglect  to  attend  the  service  in 
any  manner  aforesaid,  hee  shall  forfeit  for  every 
1>  5 


60 

days  negiect  ot  a  mans  worse,  two  shillings  six 
pence,  and  of  a  teame,  sixe  shillings  ;  which  said 
fynes  shall  bee  imployed  by  the  surveyors  to  hire 
others  to  worke  in  the  said  wayes  ;  and  the  sur- 
veyors shall,  within  foure  dayes  after  the  several! 
dayes  appointed  for  worke,  deliver  in  to  some  ma- 
gistrate, a  true  presentment  of  all  such  as  have 
beene  defective,  with  theire  severall  neglects,  who 
are  immediately  to  graunt  a  distress  to  the  marshall 
or  constable,  for  the  levying  of  the  incurred  forfeit- 
ure, by  them  to  bee  delivered  to  the  surveyors,  for 
the  use  aforesaid ;  and  if  the  surveyor  neglect  to 
performe  the  service  hereby  committed  to  him, 
either  in  not  calling  out  all  the  inhabitants  in  theire 
severall  proportions,  as  before,  or  shall  not  returne 
the  names  of  those  that  are  deficient,  hee  shall  incurr 
the  same  penalty  as  those  whome  hee  so  passes  by, 
are  lyable  to,  by  virtue  of  this  order;  which  shall 
bee  imployed  to  the  use  aforesaid,  and  to  bee  levy- 
ed  allso  by  distress,  uppon  information  and  proofe 
before  any  one  magistrate. 

IDLENES. 

It  is  ordered  by  this  courte  and  authority  thereof, 
That  no  person,  howseholder,  or  other,  shall  spend 
his  time  idlely  or  unprofitably,  under  paine  of  such 
punnishment,  as  the  courte  shall  thinke  meete  to  in- 
flict, and  for  this  end.  it  is  ordered,  that  the  consta- 
ble of  every  place,  shall  use  special!  care  and  dilli- 
gence,  to  take  knowledge  of  offenders  in  this  kmde  ; 
especially,  of  common  coasters,  unprofitable  fow- 
lers, and  tobacko  takers,  and  present  the  same  unto 
any  magistrate,  who  shall  have  power  to  heare 
and  determine  the  case,  or  transsfer  it  to  the  next 
courte 


51 

INDIANS. 

It  is  ordered  and  decreed,  That  where  any  com- 
pany of  Indians  doe  sitt  dovvne  neare  any  English 
plantations,  that  they  shall  declare  who  is  theirfc 
Sachern  or  Cheife,  and  that  the  said  Cheife  or  Sa- 
chern  shall  pay  to  the  said  English,  such  tresspasses 
as  shall  bee  committed  bv  any  Indian,  in  the  said 
plantation  adjoyning,  either  by  spoyling  or  killing 
any  cattle  or  swyne,  either  with  trapps,  doggs  or 
arrowes ;  and  they  are  not  to  pleade,  that  it  was 
done  by  strangers,  unless  they  can  produce  the  par- 
tye,  and  deliver  him  or  his  goods  into  the  custody 
of  the  English;  and  they  shall  pay  the  double  dam- 
mage,  if  it  were  done  voluntarily.  The  like  in- 
gagernent  this  courte  allso  makes  to  them,  in  case 
of  wrong  or  injurye  done  to  them  by  the  English  ; 
which  shall  bee  paid  by  the  partye  by  whorne  it  was 
done,  if  hee  can  bee  made  to  appeare  ;  or  other- 
wise, by  the  towne  in  whose  limmits  such  facts  are 
committed. 

Fforasmuch,  as  our  lenity  and  gentlencs  towards 
indians,  hath  made  them  growe  bold  and  insolent 
to  enter  into  English  metis  howses  and  unadvis- 
edly handle  swords,  and  peeces,  and  other  in- 
struments, many  times  to  the  hazzard  of  limbs  or 
lives  of  English  or  indians;  and  allso,  oft  steale 
diverse  goods  out  of  such  howses  where  they 
resorte,  for  the  preventing  whereof, 

It  is  ordered,  That  whatsoever  indian  shall  here- 
after, meddle  with,  or  handle  any  English  mans 
weapons  of  any  sorte,  either  in  theire  howses,  or  in 
the  feilds,  they  shall  forfeitt  for  every  such  defaulte, 


52 

halfe  a  fathom  of  wampum  ;  and  if  anyhurte  or  in- 
jurye  shall  thereuppon  follow  to  any  persons  life  or 
limbe,  though  accidentall,  they  shall  pay  life  for 
life,  limbe  for  limbe,  wound  for  wound  ;  and  shall 
pay  for  the  healing  of  such  wounds,  and  other  dam- 
in  ages :  And  for  any  thinge  they  steale,  they  shall 
pay  double,  and  suffer  such  further  punnishment  as 
the  magistrates  shall  adjudge  them.  The  constable 
of  any  towne  may  attache  and  arrest  any  indian  that 
shall  transsgress  in  any  such  kinde  beforementioned, 
and  bring  them  before  some  magistrate,  who  may 
execute  the  penalty  of  this  order  uppon  offenders 
in  any  kinde,  except  life  or  limbe  ;  and  any  per- 
son that  doth  see  such  defaults,  may  prosecute,  and 
shall  have  halfe  the  forfeiture. 

//  is  ordered  by  this  courle,  and  authority  thereof, 
That  no  man  within  this  jurissdiction,  shall  directly, 
or  indirectly,  amend,  repaire,  or  cause  to  be  amend- 
ed or  repared.any  gunn,  small  or  great,  belonging  to 
any  indian,  nor  shall  indeavor  the  same,  nor  shall  sell 
nor  give  to  any  indian,  directly  or  indirectly,  an} 
such  gunn,  nor  any  gunpowder  or  shott,  or  lead,  or 
shott  mould,  or  any  millitary  weapon  or  weapons, 
armor,  or  arrowe  heads,  nor  shall  sell  nor  barter, 
nor  give  any  dogg  or  doggs,  small  or  great,  uppon 
paine  often  pounds  fyne  for  every  offence,  at  least, 
in  any  one  of  the  aforementioned  perticulars ;  and 
the  court  shall  have  power  to  increase  the  fyne,  or 
to  impose  corporall  punnishment,  where  a  fyne  can- 
nott  bee  had,  at  theire  discretion. 

And  it  is  allso  ordered,  That  no  person  nor  per- 
sons shall  trade  with  them,  at,  or  about  theire  wig- 
wams, but  in  theire  vessells  or  pinnaces,  oral  theire 
ovvne  howses,  on  penalty  of  twenty  shillings  for  each 
default. 


Whereas  it  doth  appeare,  that  notwithstanding  the 
former  lawes  made  against  selling  gunns  and  pow- 
der, to  indians,  they  are  yet  supplied  by  indirect 
means ; 

It  is  therefore  ordered  and  decreed,  That  if  any 
person,  after  publishing  of  this  order,  shall  sell,  bar- 
ter or  transporte  any  gunns,  powder,  bullitts  or 
lead,  to  any  person  inhabiting  out  of  this  jurissdic- 
tion,  without  license  of  this  courte,  or  from  some 
two  magistrates,  hee  shall  forfeitt  for  every  gunn, 
ten  pounds:  for  every  pound  of  gun  powder,  tive 
pounds;  for  every  pound  of  bullitts,  or  lead,  forty 
shillings;  and  so  proportionably,  for  any  greater  or 
lesser  quantity;  provided  notwithstanding,  that  is 
left  to  the  judgement  of  the  courte,  that  where  any 
offence  is  committed  against  the  said  order,  either 
to  agravate  or  lessen  the  penalty,  according  as  the 
nature  of  the  offence  shall  require. 

Whereas  diverse  persons  deparle  from  amongst  us, 
and  take  up  theire  abode  with  the  indians.  in  a 
prophane  course  of  life,  for  the  preventing  where- 
of; 

ft  is  ordered,  That  whatsoever  person  or  persons, 
that  now  inhabiteth,  or  shall  inhabitt  within  this  ju- 
rissdiction,  and  shall  departe  from  us,  and  settle  or 
Vov'ne  with  the  indians,  that  they  shall  suffer  three 
fears  imprisonment,  at  least,  in  the  howse  of  cor- 
rection;  and  undergo  such  further  censure,  by  fyne 
or  corporall  punnishmcnt,  as  the  perticular  courte 
shall  judge  meete  to  inflict  in  such  cases. 

Whereas  the  (Trench,  Dutch,  and  other  forraigne 
nations  doe  ordinarily  trade  gunns,  powder,  shoit, 


04 

&c.  with  the  Indians,  to  our  great  prejudice,  and 
the  strengthening  and  animating  of  the  indians 
against  us,  as  by  dayly  experience  we  finde  ;  and 
whereas  the  aforesaid  ffrench,  Dutch,  &c.  doe 
prohibitt  all  trade  with  the  indians,  within  theire 
respective  jurisdictions,  under  penalty  of  con- 
fiscation ; 

It  is  therefore,  hereby  ordered  by  this  courte  and 
authority  thereof,  That  after  due  publication  here- 
of, it  shall  not  bee  lawfull  for  any  Ifrenchmen,  Dutch- 
men, or  person  of  any  other  forraigne  nation,  or  any 
English  living  amongst  them,  or  under  the  gov- 
ernment of  them,  or  any  of  them,  to  trade  with  any 
Indian  or  indians,  within  the  limmits  of  this  juriss- 
diction,  either  directly  or  indirectly,  by  themselves 
or  others,  under  penalty  of  confiscation  of  all  such 
goods  and  vessells,  as  shall  bee  found  so  trading,  or 
the  due  value  thereof,  uppon  just  proofe  made  of 
any  goods,  or  any  vessells  so  trading  or  traded  :  And 
it  shall  bee  lawful  for  any  person  or  persons  inhab- 
iting within  this  jurissdiction,  to  make  seizure  of 
any  such  goods  or  vessells  trading  with  the  indians, 
as  by  this  law  is  prohibited,  the  one  halle  whereof 
shall  bee  to  the  propper  use  and  benefitt  of  the 
partye  seizing,  and  the  other  to  the  publique. 

This  courte  judging  it  necessary  that  some  means 
should  bee  used  to  convey  the  light  and  knowledge 
of  God  and  his  worde  to  the  indians  and  natives 
amongst  us,  doe  order,  that  one  of  the  teaching  el- 
ders of  the  churches  in  this  jurissdiction,  with  the 
helpe  of  Thomas  Staunton,  shall  bee  desired,  twise, 
at  least,  in  every  yeare,  to  goe  amongst  the  neigh- 
bouring indians,  and  indeavour  to  make  knowne  to 
them,  the  councells  of  the  Lord,  and  thereby  to 
draw  and  stirr  them  up  ;  to  direct  and  order  all 


theire  wayes  and  conversations,  according  to  the 
rule  of  his  worde  ;  and  Mr.  Governor,  and  Mr. 
Deputy,  and  the  other  magistrates,  are  desired  to 
take  care  to  see  the  thinge  attended,  and  with 
theire  owne  presence,  so  farre  as  may  bee  conven- 
ient, incourage  the  same. 

This  courte  having  duly  weighed  the  joint  deter- 
mination and  agreement  of  the  commissioners  of 
the  United  English  colonyes,  at  New-Haven,  of 
Anno  1646,  in  reference  to  the  indians,  and  judg- 
ing it  to  bee  both  according  to  rules  of  prudence 
and  righteousnes,  doe  fully  assent  thereunto,  and 
order  that  it  bee  recorded  amongst  the  acts  of  this 
courte,  and  attended  in  future  practice,  as  occas- 
sions  may  present  and  require ;  The  said  conclu- 
sion is  as  follows  : 

The  commissioners  seriously  considering  the  ma- 
ny willfull  wrongs  and  hostile  practices  of  the  in- 
dians, against  the  English,  together  with  theire  in- 
terteining,  protecting  and  rescuing  of  offenders,  as- 
late  our  experience  gheweth,  which,  if  suffered,  the 
peace  of  the  colonyes  cannot  bee  secured  ; 

It  is  therefore  concluded,  that  in  such  case,  the 
magistrates  of  any  of  the  jurissdictions,  may,  at  the 
charge  of  the  plaintiff,  send  some  convenient 
strenght  of  English,  and  according  to  the  nature  and 
value  of  the  offence  and  dammage,  seize  and  bring 
away  any  of  that  plantation  of  indians  that  shall  in- 
terteine,  protect  or  rescue  the  offender,  though  hee 
should  bee  in  another  jurissdiction,  when  through 
distance  of  place,  commission  or  direction  cannott 
bee  had,  after  notice  and  due  warning  given  them, 
as  actors,  or  at  least,  accessary  to  the  injurye  and 
dammage  done  to  the  English;  onely  women  and 
children  to  bee  sparingly  seixed,  unless  knowne  to 
bee  someway  guilty  ;  and  berause  it  will  be  charge- 


able  keeping  Indians  in  prison,  and  if  they  should 
escape,  they  an*,  like  to  prove  more  insolent  and 
dangerous  after.  It  was  thought  tilt,  that  uppon 
such  seizure,  the  delinquent,  or  satisfaction  bee  a- 
gain  demanded  of  the  Sagamore,  or  plantation  of  in- 
dians  guilty,  or  accessary,  as  before;  and  if  it  bee 
denyed,  that  then  the  magistrates  of  this  jurissdic- 
tion,  deliver  up  the  indian  seized  by  the  partye  or 
partyes  endammaged,  either  to  serve,  or  to  bee 
shipped  out  and  exchanged  for  neagers,  as  the  case 
will  justly  beare;  and  though  the  comissioners  fore- 
see, that  said  severe,  though  just  proceeding  may 
provoke  the  Indians  to  an  unjust  seizing  of  some  of 
ours,  yet  they  could  not,  at  present,  find  no  better 
means  to  preserve  the  peace  of  the  colonyes  ;  all 
the  aforementioned  outrages  and  insolences  tending 
to  an  open  warr ;  onely  they  thought  fitt,  that  before 
any  such  seizure  bee  made  in  any  plantation  of  in- 
dians.  the  ensuing  declaration  bee  published,  and  a 
coppye  given  to  the  perticular  Saggamores. 

The  commissioners  for  the  Uuited  Colnoyes  con- 
sidering how  peace  with  righteousnes  may  bee 
preserved  betwixt  all  the  English,  and  the  severall 
plantations  of  the  indians,  thought  fitt  to  declare 
and  publish,  as  they  will  doe  no  injury  e  to  them,  so 
if  any  indian  or  indians  of  what  plantation  soever, 
doe  any  willful]  dammage  to  any  of  the  English  col- 
onyes, uppon  proofe,  they  will  in  a  peaceable  way, 
require  just  satisfaction,  according  to  the  nature  of 
the  otfence  and  dammage  ;  but  if  any  Saggamore  or 
plantation  of  indians,  after  notice  and  due  warn- 
inge,  interteine,  hyde,  protect,  keepe,  convey  a- 
way,  or  further  the  escape  of  any  such  offendor  or 
offenders,  the  English  will  require  satisfaction  of 
such  indian  and  Saggamore,  or  indian  plantation  ; 
and  if  they  deny  it,  they  wil  right  themselves  as 


•   57 

they  may,  uppon  such  as  so  meinteine  them  that 
doe  the  wrong,  keeping  peace  and  all  termes  of  am- 
ity and  agreement  with  all  other  Indians. 

INKEEPERS. 

Fforasmuch,  as  there  is  a  necessary  use  of  howses 
of  common  interteinement,  in  every  common- 
wealth, and  of  such  as  retaile  wine,  beare  and 
V'otualls  ;  yet,  because  there  are  so  many  abuses 
of  that  lawfull  libberty,  both  by  persons  interlein- 
ing,  and  persons  interteined,  there  is  allso  need 
of  strict  lawes  and  rules  to  regulate  such  an  im- 
ployment : 

lifts  therefore  ordered  by  this  Courte  and  authori- 
ty thereof,  That  no  person  or  persons  licenced  for 
common  interteinment,  shall  suffer  any  to  bee 
drunken,  or  drinke  excessively,  viz.  above  halfe  a 
pinte  of  wyne,  for  one  person,  at  one  time,  or  to 
continue  tipling  above  the  space  of  halfe  an  houre, 
or  at  unreasonable  times,  or  after  nine  of  the  clock 
at  night,  in  or  about  any  of  theire  howses,  on  pen- 
alty of  five  shillings  for  every  such  offence ;  and 
every  person  found  drunken,  viz.  so  that  hee  bee 
thereby  bereaved  or  dissabled  in  the  use  of  his  un- 
derstanding, appearing  in  his  speech  or  gesture,  in 
any  of  the  said  howses  or  elsewhere,  shall  forfeitt 
ten  shillings;  and  for  excessive  drinking,  three  shil- 
lings fou re  pence ;  and  for  continuing  above  halfe 
an  houre,  tipling,  two  shillings  six  pence  ;  and  for 
tipling  at  unseasonable  times,  or  after  nine  o'clock 
at  night,  five  shillings,  for  every  ofl'ence  in  these 
perticulars,  being  lawfully  convicted  thereof;  and 
tor  want  of  payment,  such  shall  bee  imprisoned  un- 
till  they  pay.  or  bee  sett  in  the  stocks,  one  houre  or 


68 

more,  in  some  open  place,  as  the  weather  will  per- 
mitt,  not  exceeding  three  houres  at  one  time ;  pro- 
vided, notwithstanding,  such  licensed  persons  may 
interteine  seafaring  men  or  land  travellers  in  the 
night  season,  when  they  come  first  on  shoarc.  or  from 
theire  journey e,  for  theire  necessary  refreshment,  01 
when  they  prepare  for  theire  voyage  orjournye  the 
next  day  early,  so  bee  no  dissorder  amongst  them  , 
and  allso,  strangers  and  other  persons,  in  an  order- 
ly way,  may  continue  at  such  howses  ot'  com- 
mon intertcinement  during  meal  times,  or  uppon 
lawfull  business,  what  time  theire  occassions  shall 
require. 

And  it  is  allso  ordered,  That  if  any  person  offend  in 
drunkenness,  excessive  or  long  drinking,  the  se- 
cond time,  they  shall  pay  double  fynes  ;  and  if 
they  fall  into  the  same  offence  the  third  time, 
they  shall  pay  treble  fynes  and  if  the  parties  bee 
not  able  to  pay  theire  fynes,  then  hee  that  is 
found  drunken  shall  bee  punnished  by  whipping,  to 
the  number  of  ten  stripes ;  and  hee  that  offends 
by  excessive  or  long  drinking,  shall  bee  put  into 
the  stocks  for  three  hours,  when  the  weather  may 
not  hazzard  his  life  or  limbs;  and  if  they  offend 
the  fourth  time,  they  shall  bee  imprisoned  untill 
they  put  in  two  sufficient  sureties  for  their  good 
behavior. 

And  it  is  further  ordered,  That  the  severall  townes 
uppon  the  river,  within  this  jurissdiction,  shall  pro- 
vide amongst  themselves,  in  each  towne,  one  suf- 
ficient inhabitant,  to  keepe  an  ordinary  for  provis- 
ion and  lodging,  in  some  comfortable  manner,  that 
passengers  or  strangers  may  know  where  to  resorte; 
and  such  inhabitants,  as  by  the  severall  townes, 
shall  bee  chosen  for  the  said  service,  shall  bee 
presented  to  two  magistrates^  that  they  may  judge 


59 

meete  for  that  imployment ;  and  this  to  be  effect- 
ed by  the  sevcrall  townes  within  one  month,  tinder 
the  penalty  of  forty  shillings  a  month,  for  each 
month  that  either  towne  shall  neglect  the  same. 

And  it  is  allso  further  ordered,  That  every  in- 
keeper  or  victuailer  shall  provide  for  interteine- 
ment  of  strangers  horses,  viz.  one  or  more  inclos- 
ures  for  summer,  and  hay  and  provender  for  win- 
ter, with  convenient  stable  roome  and  attendance, 
under  penalty  of  two  shillings  six  pence  for  every 
dayes  default,  and  double  darnmage  to  the  partye 
thereby  wronged,  except  it  bee  by  inevitable  acci- 
dent. 

Lastly,  It  is  ordered  by  the  authority  aforesaid, 
That  all  constables  may,  and  shall,  from  time  to 
time,  duely  make  search  throughout  the  limmitts  of 
theire  townes,  uppon  Lords  dayes  and  lecture 
dayes,  in  times  of  exercise ;  and  allso,  at  all  othrr 
times,  so  oft  as  they  shall  see  cause,  for  all  offences 
and  offenders  against  this  law,  in  any  the  perticu- 
lars  thereof;  and  if  uppon  due  information  or  com- 
plaint of  any  of  theire  inhabitants,  or  other  credible 
persons  whether  taverner,  victualler,  tabler.  or  oth- 
er, they  shall  refuse  or  neglect  to  make  search  as 
aforesaid,  or  shall  not  to  theire  power,  performe  all 
other  thinges  belonging  to  theire  place  or  office  of 
constableship,  then  uppon  complaint  and  due  proofe 
before  any  one  magistrate,  within  three  months  af- 
ter such  refusal!  or  neglect,  they  shall  bee  fyned 
for  every  such  offence,  ten  shillings,  to  bee  levied 
by  the  marshal),  as  in  other  cases,  by  warrant  from 
such  magistrate  before  whome  they  are  convicted, 
or  warrant  from  the  Treasurer,  uppon  notice  fiom 
such  magistrate.  >>-» 

//  is  ordered  by  this  cotirte  and  authority  thereof, 
That  no  inkeeper,  victualer,  wine  drawer,  or  other, 


66 

shall  deliver  any  wyne,  nor  suffer  any  to  bee  deliv- 
ered out  of  his  howse  to  any  which  come  for  it,  un- 
less they  bring  a  note  under  the  hand  of  some  one 
master  of  some  fumilye  and  allowed  inhabitant  of 
that  towne ;  neither  shall  sell  or  draw  any  hott  wa- 
ter to  any,  but  in  case  of  necessitye,  and  in  such 
moderation  for  quantity,  as  they  have  good  grounds 
to  conceive  it  may  not  bee  abused,  and  shall  bee 
ready  to  give  an  account  of  theire  doings  herein, 
when  they  are  called  thereto,  under  censure  of  th« 
courte,  in  case  of  delinquency. 

INDITEMENTS. 

If  any  person  shall  bee  indicted  for  any  capitall 
crime,  who  is  not  then  in  durance,  and  shall  refuse 
to  render  his  person  to  some  magistrate,  within  one 
month  after  three  proclamations  publiquely  made 
in  the  town  where  hce  usually  abides,  there  being  a 
month  betwixt  proclamation  and  proclamation,  his 
lands  and  goods  shall  bee  sei/ed  to  the  use  of  the 
common  treasury,  till  hee  make  his  lawfull  appear- 
ance, and  such  withdrawing  of  hirnselfe,  shall  stand 
in  stead  of  one  wittness  to  prove  his  crime,  unless 
hee  can  make  it  appeareto  the  courte,  that  hee  was 
necessarily  hindred. 

JURYES  AND  JURORS. 

It  is  ordered  by  the  authority  of  this  coitrt?,  That 
in  all  cases  which  are  entred,  under  forty  shillings, 
the  sute  shall  bee  left  to  be  tryed  by  the  courte  of 
magistrates,  as  they  shall  judge  most  agreeable  to 
equity  and  righteousnes  ;  and  in  all  cases  that  are 
tryed  by  juries,  it  is  left  to  the  magistrates  to  irn- 
pannell  a  jury  of  sixe  or  twelve,  as  they  shall  judge 


61 

the  nature  of  the  case  shall  require :  and  if  foure  of 
sixe,  or  eight  of  twelve  agree,  the  verdict  shall  bee 
deemed,  to  all  intents  and  purposes,  sufficient  and 
full ;  uppon  which,  judgment  may  bee  cntred  and 
execution  granted,  as  if  they  had  all  concurred  ;  but 
if  it  fall  out,  that  there  bee  not  such  a  concurrence, 
as  is  before  mentioned,  the  jurors  shall  returne  the 
case  to  the  courte  with  theire  reasons,  and  a  spe- 
cial! verdict  is  to  be  drawne  thereupon,  and  the  vote 
of  the  greater  number  of  magistrates  shall  carrye  the 
game,  and  the  judgment  to  bee  entred,  and  other 
proceedings  as  in  case  of  a  verdict  by  a  jury. 

And  it  is  further  ordered,  That  the  courte  of  ma- 
gistrates shall  have  libbertye,  (if  they  do  not  finde 
in  theire  judgements  the  jury  to  have  attended  the 
evidence  given  in,  and  true  issue  of  the  case  in 
theire  verdict)  to  cause  them  to  returne  to  a  second 
consideration  thereof;  and  if  they  still  persist  in 
theire  former  opinion,  to  the  dissatisfaction  of  the 
courte,  it  shall  bee  in  the  power  of  the  Courte,  to 
impannell  another  jurye,  and  committ  the  conside- 
ration of  the  case  to  them  :  and  it  is  allso  left  in 
the  power  of  the  courte  to  varye  and  alter  the  dam- 
mages  given  in  by  any  jurye,  as  they  shall  judge 
most  equall  and  righteous  ;  provided,  that  what  al- 
teration shall  at  any  time  bee  made  in  that  kinde, 
bee  done  in  open  courte,  before  plaintiff  and  de- 
fendant, or  affidavitt  made,  that  they  have  beene 
required  to  bee  present;  and  that  alteration  which 
is  made,  bee  done  either  the  same  courte,  or  pro- 
vision made  to  secure  the  verdict  of  the  jury,  untill 
the  case  bee  fully  issued  :  And  whereas  many  per- 
sons, after  their  severall  causes  in  courte  have 
beene  tryed  and  issued,  have  slipt  away,  or  other- 
wise neglected,  if  not  refused,  to  pay  the  charges 
of  tJhe.  courte,  according  to  order,  for  preventing 


ol 

thereof,  for  the  future,  it  is  ordered,  that  whosoever 
shall  have  any  action  or  sute  in  Courte  after  pub- 
lishing hereof,  shall,  as  soon  as  his  cause  is  issued, 
pay  the  whole  charges  of  the  courte,  that  concernes 
either  jury  or  secretary,  before  hee  departs  the 
same  ;  and  the  like  allso  shall  bee  done  by  all  tho;;e 
whose  actions  are  not  taken  up  and  withdrawne 
before  the  sitting  of  the  courte  wherein  they  were 
to  be  trycd,  or  otherwise,  for  neglect  or  nonper 
formance  of  either,  bee  committed  to  prison,  there 
to  remaiae  till  hee  or  they  have  satisfied  the  same. 

GRAND  JURY. 

ft  is  ordered  and  decreed,  That  there  shall  be  a 
grand  jury  of  twelve  or  fourteen  able  men,  warned 
to  appear  every  courte,  yearly,  in  September,  01 
as  many  and  oft  as  the  Governor  or  courte  shall 
thinke  meete,  to  make  presentment  of  the  breaches 
of  any  lawes  or  orders,  or  any  other  missdeamean- 
ors  they  shall  know  of  in  this  jurissdiction. 

LANDS.    FREELANDS. 

It  is  ordered,  and  by  this  cowte  declared,  That  our 
lands  and  heritages,  shall  be  free  from  all  fyries  and 
lycerices  uppon  alienations;  and  from  all  barriotts, 
wardships,  liveries,  primer  seizins,  yeare  day  and 
waste,  escheats  and  forfeitures,  uppon  the  death  ot 
parents  or  ancestors,  bee  they  naturall,  unnatural!, 
casuall  or  juditiall,  and  that  forever. 

LEVYES. 

Fforasmuch    as  the    marshalls  and   other  officers, 
have  complained  to  this  courte,  that  they  are  of- 


63 

ten  times  in  great  doubt  how  to  demean  them- 
«elves  in  the  execution  of  their  offices  ; 

»\'  /*•  ordered  by  the  authority  of  this  cour/e,  That 
in  case  of  fynes  arid  assessments  to  bee  levyed,  and 
ii[-pon  execution,  in  civill  actions,  the  officer  shall 
demand  the  same  of  the  party,  or  at  his  howse  and 
place  of  usuall  aboade,  and  uppon  refusall  or  non- 
payment, hoe  shall  have  power  of  calling  the  con- 
stable, if  hee  see  cause  for  his  assistance,  to  breake 
open  the  dore  of  any  howse,  chest,  or  place,  where 
hee  shall  have  notice  that  any  goods  lyable  to  such 
levye  or  execution,  shall  bee;  and  if  hee  bee  to 
take  the  person,  hee  may  doe  the  like,  if  uppon  de- 
maund,  hee  shall  refuse  to  render  himselfe  ;  and 
whatsoever  charges  the  officer  shall  necessarily  bee 
put  unto  uppon  any  such  occassion,  hee  shall  have 
power  to  levye  the  same,  as  hee  doth  the  debt, 
fyne  or  execution  ;  and  if  the  officer  shall  levye 
any  such  goods  uppon  execution,  as  cannot  bee 
conveyed  to  the  place  where  the  party  dwells, 
for  whome  such  execution  shall  bee  levyed,  with- 
out considerable  charge,  hee  shall  levye  the  said 
charge  allso  with  the  execution :  the  like  order 
shall  bee  observed  in  levying  of  fynes,  provided, 
it  shall  not  bee  lawfull  for  such  officer  to  levye 
any  mans  necessary  bedding,  apparrell,  tooles  or 
armes,  neither  implements  of  household,  which 
ire  for  the  necessary  upholding  of  his  life;  but 
in  such  case,  hee  shall  leveye  his  land  or  per- 
son, according  to  law  ;  and  in  no  case,  shall  the 
officer  bee  put  to  seeke  out  any  mans  estate  fur- 
ther then  his  place  of  aboade;  but  if  the  party  will 
not  discover  his  goods  or  land,  the  officer  may 
take  his  person. 

And  it  is  allso  ordered  and  declared,  That  if  any 


officer  shall  doe  injurye  to  any,  by  colour  of  hit 
office,  in  these,  or  any  other  cases,  hee  shall  bee 
lyable,  uppon  complaint  of  the  party  wronged,  by 
action  or  information,  to  make  full  restitution. — See 
Marshall. 

LYINGE. 

Whereas  truth  in  words,  as  well  as  in  actions,  is  re- 
quired of  all  men,  especially,  of  Christians,  who 
are  the  professed  servants  of  the  Lord  of  truth ; 
and  whereas  all  lying  is  contrary  to  truth,  and 
some  sortes  of  lyes  are  not  only  sinful!,  as  all  lyes 
are,  but  allso,  pernicious  to  the  publique  weal 
and  injurious  to  perticular  persons  : 

It  is  therefore  ordered  by  this  courte,  and  authon 
iy  thereof,  That  every  person  of  the  age  of  dis- 
cretion, which  is  accounted  fourteene  yeares,  who 
shall  wittingly  and  willingly,  make  or  publish  any 
lye,  which  may  bee  pernicious  to  the  publique  weal, 
or  tending  to  the  dammage  or  injury  of  any  pertic- 
ular person,  to  deceive  and  abuse  the  people  with 
false  news  or  reportes,  and  the  same  duly  prooved 
in  any  courte.  or  before  any  one  magistrate,  who 
hath  hereby  power  graunted,  to  heare  and  deter- 
mine all  offences  against  this  lawe,  sucb  perso  is 
shall  bee  fyned  for  the  first  offence,  ten  shillings, 
or  if  the  party  bee  unable  to  pay  the  same,  then  tr 
bee  sett  in  the  stocks  so  long  as  the  said  courte  tr* 
magistrate  shall  appointe,  in  some  open  place,  not 
exceeding  three  houres ;  for  the  second  offence  in 
that  kinde,  whereof  any  shall  bee  legally  convicted, 
the  summe  of  twenty  shillings,  or  be  whipped  up- 
pon the  naked  body,  not  exceeding  twenty  stripes, 
and  for  the  third  offence  that  way,  forty  shillings. 


6ft 

or  if  the  party  bee  unable  to  pay,  then  to  bee  trhip- 
ped  with  more  stripes,  not  exceeding  thirtye  ;  and 
if  yett,  any  shall  oflend  in  like  kinde,  and  bee  le- 
gally convicted  thereof,  such  person,  male  or  fe- 
male, shall  bee  fyned  ten  shillings  at  a  time,  more 
then  formerly,  or  if  the  party  so  offending,  bee  un- 
able to  pay,  then  to  be  whipped  with  live  or  six 
stripes  more  then  formerly,  not  exceeding  forty  at 
anytime:  Arid  for  all  such  as  being  under  age  of 
discretion,  that  shall  offend  in  lyhige  contrary  to 
this  order,  theire  parents  or  masters  shall  give  them 
due  correction,  and  that  in  the  presence  of  some 
officer,  if  any  magistrate  shall  so  appointe ;  provid- 
ed allso,  that  no  person  shall  bee  barred  of  his  just 
action  of  slander,  or  otherwise,  by  any  proceeding 
uppon  this  order. 

MASTERS,  SERVANTS,  SOJOURNERS. 

ft  is  ordered  by  this  courte  and  authority  thereof, 
That  no  master  of  a  famine  shall  give  intertein- 
mcnt  or  habitation  to  any  younge  man  to  sojourne 
in  his  familye,  but  by  the  allowance  of  the  inhabit- 
ants of  the  towne  where  he  dwells,  under  the  pen- 
alty of  twenty  shillings  per  week  :  And  it  is  allso  or- 
dered, That  no  young  man  that  is  neither  married, 
nor  hath  any  servant,  nor  is  a  publique  officer,  shall 
kcepe  howse  by  himselfe,  without  the  consent  of 
the  towne,  for,  and  under  paine  or  penalty  of  twenty 
shillings  a  week. 

It  is  allso  ordered  by  the  authority  aforesaid,  That 
no  servant,  either  man  or  maid,  shall  either  give, 
sell  or  truck,  any  commodity  whatsoever,  without 
license  from  theire  master,  during  the  time  of 
theire  *ervice,  under  paine  of  fyne  or  corporal! 
punnishment,  at  the  discretion  of  the  Courte,  as 
E  6 


the  offence  shall  deserve ;  and  that  all  workmen  shall 
work  the  whole  day,  allowing  convenient  time  for 
food  and  rest. 

It  is  allso  ordered,  That  when  any  servants  shall 
runn  from  theire  masters,  or  any  other  inhabitants 
shall  privately  goe  away  with  suspicion  of  ill  inten- 
tions, it  shall  bee  lawfull  for  the  next  magistrate,  or 
the  constable  and  two  of  the  cheifest  inhabitants, 
where  no  magistrate  is,  to  press  men  and  boates  or 
pinnaces,  at  the  publique  charge,  to  pursue  such 
persons  by  sea  or  land,  and  bring  them  back,  by 
force  of  armes. 

And  whereas  many  stubborne,  refractory  and  dis- 
contented servants  and  apprentices,  withdraw 
themselves  from  theire  masters  services,  to  im- 
prove theire  time  to  theire  owne  advantage,  for 
the  preventing  whereof, 

//  is  ordered,  That  whatsoever  servant  or  appren- 
tice shall  hereafter  offend  in  that  kinde,  before  theire 
covenants  or  terme  of  service  are  expired,  shall  serve 
theire  said  masters,  as  they  shall  be  apprehended  or 
retained,  the  treble  term,  or  three  fold  time  of  theire 
absence  in  such  kinde. 

MANSLAUGHTER. 

It  is  ordered  by  this  court  and  authority  thereof, 
That  if  any  person  in  the  just  and  necessary  de- 
fence of  his  life,  or  the  life  of  any  other,  shall  kfll 
any  person  attempting  to  rob  or  murther  in  the 
feilds  or  higheway,  or  to  breake  into  any  dwelling 
howse,  if  hee  conceive  hee  cannot  with  safety  of 
his  owne  person,  otherwise  take  the  ffellon,  or  as- 
sailant, and  bring  him  to  tryall.  hee  shall  be  houlden 
blameless. 


MAGISTRATES. 

This  courte  being  sensible  of  the  great  dissordew 
growing  in  this  commonwealth,  through  the  con- 
tempts cast  uppon  the  civill  authority  which 
willing  to  prevent, 

Doe  order  and  decree,  That  whosoever  shall 
henceforth,  openly  or  willingly,  defame  any  courte 
of  justice,  or  the  sentences  and  proceedings  of  the 
same,  or  any  of  the  magistrates  or  judges  of  any 
such  courte,  in  respect  of  any  act  or  sentence 
therein  passed,  and  being  thereof  lawfully  convict- 
ed in  any  generall  courte,  or  courte  of  magistrates, 
shall  bee  punnished  for  the  same,  by  fyne,  impris- 
onment, disfranchisement,  or  bannishment,  as  the 
quality  and  measure  of  the  offence  shall  deserve. 

MARRIAGE. 

fforasmuch  as  many  persons  intangle  themselves 
with  rashe  and  inconsiderate  contracts  for  theire 
future  joininge  in  marriage  covenant,  to  the  great 
trouble  and  greifc  of  themselves  and  theire 
ffreinds,  for  the  preventing  thereof, 

//  is  ordered  by  the  authority  of  this  courte,  That 
whosoever  intends  to  joire  themselves  in  marriage 
covenant,  shall  cause  theire  purpose  of  contract  to 
bee  published  in  some  publique  place,  arid  at  some 
publique  meeting,  in  the  severall  townes  where 
such  persons  dwell,  at  the  least,  eight  dayes  before 
they  enter  into  such  contract,  whereby  they  engage 
thems-  Ives  each  to  other;  and  that  they  shall  for- 
bearr  :o  joine  in  marriage  covenant,  at  least  t*ight 
dfff  fter  the  said  contact. 


Jlnd  it  is  allso  ordered  and  declared,  That  no  per- 
son whatsoever,  male  or  female,  not  being  at  his  or 
her  owne  dispose,  or  that  remaineth  under  the  gov- 
ernment of  parents,  masters  or  guardians,  or  such 
like,  shall  either  make  or  give  interteinment  to  any 
motion  or  sute,  in  way  of  marriage,  without  the 
knowledge  and  consent  of  those  they  stand  in  such 
lelation  to,  under  the  severe  censure  of  the  courte, 
in  case  of  delinquency  not  attending  this  order;  nor 
shall  any  third  persons  intermeddle  in  making  any 
motion  to  any  such,  without  the  knowledge  and 
consent  of  those  under  whose  government  they 
are,  under  the  same  penalty.  Marriages  and  Births. 
See  Records. 

MARSHALL. 

It  is  ordered  by  this  courle,  That  the  marshall  shall 
bee  allowed  for  every  execution  hee  serves,  which 
is  under  the  summe  of  five  pounds,  two  shillings  six 
pence,  and  four  pence  for  every  myle  hee  goes  to 
serve  the  said  execution,  out  of  the  towne  where 
hee  liveth  ;  and  for  every  execution  hee  serves,  of, 
or  above  five  pounds,  and  under  the  summe  of  ten 
pounds,  hee  shall  bee  allowed  three  shillings  foure 
pence,  and  foure  pence  for  every  myle,  as  before  ; 
and  for  every  execution  hee  serves,  of,  or  above  the 
summe  of  ten  pounds,  hee  shall  bee  allowed  five 
shillings,  and  four  pence  for  every  myle,  as  before; 
Allso,  hee  is  to  bee  allowed  his  other  just  and  ne- 
cessary charges  ;  onely  it  is  provided,  that  if  hee 
bee  excessive  therein,  uppon  due  complaint  and 
proofe  made,  it  shall  bee  redressed. 

And  it  is  allso  further  ordered,  That  the  marshall 
shall  bee  allowed  for  every  attachement  hee  serves, 
halfc  so  much  as  is  before  allow"'  him  for  exec a- 


m 

tions ;  onely  hee  is  to  have  four  pence  tor  every 
myle  he  goes  to  serve  the  attachement,  as  before. 

//  is  further  ordered  by  this  courte  and  author- 
ity thereof,  That  every  officer  that  shall,  at  any 
time  bee  fyncd  for  the  breach  of  any  poenall  lawe, 
or  other  just  cause,  such  person  or  persons  so  of- 
fending, shall  forthwith  pay  his  or  theire  fyne  or 
penalty,  or  give  in  security  speedily  to  do  it,  or 
else  shall  bee  imprisoned,  or  kept  to  worke  till  it 
bee  paid,  that  no  loss  may  bee  to  the  common- 
wealth ;  and  what  other  fynes  or  debts  are  already 
due,  or  shall  bee  due  to  the  country,  the  marshal!, 
for  the  time  heing,  uppon  warrant  from  the  Treas- 
urer, and  according  to  his  oath,  shall  bee  faithfull  in 
doing  the  duty  of  his  place  in  levyinge  and  return- 
ing the  same,  uppon  paine  of  forfeiting  two  shillings 
of  his  owne  estate,  for  every  pound,  or  else  such 
fyne  as  any  courte  of  justice  shall  impose  on  him 
or  his  neglect. 

MEASURES  AND  WEIGHTS. 


I 


Fforasmuch  as  it  is  observed,  that  there  are  diver- 
sitys  of  weights,  yardcs  and  measures  amongst  us, 
whereby  dammages  many  times  ensueth  by  com- 
merce with  severall  persons,  for  the  preventing 
whereof, 

It  is  now  ordered,  That  no  man  within  these  lib- 
berties,  shall,  after  the  publishing  of  this  order, 
sell  any  commodities,  but  by  sealed  weight  or 
measure,  under  the  penalty  of  twelve  pence  each 
default ;  the  clarke  is  to  have  a  penny  for  seal- 
ing a  weight  or  measure,  each  time  ;  and  no  weight 
or  measure  is  to  be  accounted  authentick  that  is 
not  sealed  or  approved  by  the  Clark  once  every 


70 

yeare,  and  the  said  dark  is  to  break   or  demolish 
such  weights,  yardes  or  measures  as  are  defective. 

MILLiTARY  AFFAIRES. 

It  is  ordered,  and  by  this  conrte  declared,  That  all 
persons  that  are  above  the  age  of  sixteene  yea  res, 
except  magistrates  and  church  officers,  shall  beare 
arms,  unless  they  have,  uppon  just  occassion,  ex- 
emption graunted  by  the  courte  ;  and  every  male 
person  within  this  jurissdiction,  above  the  said 
age,  shall  have  in  continual!  readines,  a  good  mus- 
kitt  or  other  gunn,  fitt  for  service,  and  allowed  by 
the  dark  of  the  band,  with  a  sword,  rest  and  ban- 
daleers,  or  other  serviceable  provision  in  the 
roome  thereof,  where  such  cannott  bee  had  ;  as 
allso  such  other  millitary  provision  of  powder, 
match  and  bullitts  as  the  lawe  requires  ;  and  if 
any  person  who  is  to  provide  arrnes  or  ammu- 
nition, cannot  purchase  them  by  such  means  as 
he  hath,  hee  shall  bring  to  the  dark  so  much 
corne  or  other  merchantable  goods,  as  by  apprize- 
ment  of  the  said  dark  and  two  others  of  the  com- 
pany, (whereof  one  to  bee  chosen  by  the  party,  and 
the  other  by  the  clarke,)  as  shall  be  judged  of  a 
greater  value  by  a  fifth  parte,  then  such  armes  or 
ammunition  is  of,  hee  shall  bee  excused  of  the  pen- 
alty for  want  of  armes,  (but  not  for  want  of  appear- 
ance) until!  hee  bee  provided  ;  and  the  dark  shall 
indeavour  to  furnish  him  so  soon  as  may  bee, 
by  sale  of  such  goods  so  deposited,  rendering  the 
overplus  to  the  partye  :  But  if  any  person  shall  not 
bee  able  to  provide  himselfe  armes  or  ammunition 
through  meere  poverty,  if  hee  bee  single,  hee  shall 
bee  put  to  service  by  some  magistrate,  and  the  con- 
stable shall  appoint  him  armes  and  ammunition,  auJ 


71 

shall  appointe  him  where,  and  with  whome  to  cam 

out. 

And  it  is  ordered,  That  all  the  souldgers  within 
vhis  jurissdiction  shall  bee  trained,  at  least,  sixtimea 
yearely,  in  the  months  of  March,  April!,  May,  Sep- 
tember, October  or  November,  by  the  appoint- 
ment of  the  captaine  or  cheife  officer  in  the  seve- 
rall  townes:  and  the  times  of  theire  meeting  to- 
gether shall  bee  at  eight  of  the  clock  in  the  mom- 
inge:  And  the  clarke  of  each  band,  shall  twise  ev 
ery  yeare,  at  least,  view  the  armes  and  ammunition 
of  the  band,  to  see  if  they  bee  all  accordinge  to 
'awe;  and  shall  uppon  every  traininge  day,  give 
his  attendance  in  the  feild  every  day,  (except  hee 
hath  speciall  leave  from  his  captaine  or  cheife  offi- 
cer,) to  call  over  the  rolle  of  the  souldgers,  and 
ake  notice  of  any  defect  by  theire  absence  or  oth- 
erwise ;  And  hee  shall  duely  present  to  the  Gover- 
nor, or  some  of  (he  magistrates,  all  defects  in  armes 
er  ammunition,  at  least  once  in  each  yeare,  and  of- 
tener,  if  it  bee  required.  And  it  is  left  to  the  judge- 
ment of  the  magistrates  to  punish  all  defects  in  that 
kinde,  according  to  the  nature  of  the  offence, 
wherein  due  regard  is  to  bee  had  of  willfull  neg- 
lects in  any,  that  such  may  not  pass  without  a  se- 
vere censure:  And  whosoever  shall  bee  absent  any 
of  the  days  appointed  for  traininge,  after  the  houre 
appointed,  or  shall  not  continue  the  whole  time, 
shall  forfeitt  the  summe  of  two  shillings  six  pence, 
for  every  default,  except  such  as  are  licensed  under 
the  hand  of  two  magistrates ;  The  clark  of  the 
several!  bands  are  to  distreine  the  delinquents 
within  fourteene  days  after  the  forfeiture,  whereof 
six  pence  shall  bee  to  himselfe,  and  the  remainder 
for  the  maintenance  of  drums,  cullers,  &c.  And  if 
any  of  the  said  clarks  shall  omilte  to  djstreine  any 


delinquents  above  the  said  terme  of  fonrteene  dajes, 
hee  shall  forfeitt  and  pay  to  the  use  of  the  publique, 
double  the  fyne  so  neglected  by  him. 

It  is  ordered,  That  the  souldgers  shall  onely  make 
choyce  of  theire  millitary  officers,  and  present 
them  to  the  perticular  courte  ;  but  such  onely  shall 
bee  deemed  officers,  as  the  courte  shall  conftrme. 

The  state  and  condition  of  the  place  where  we 
live,  by  reason  of  the  Indians  and  otherwise,  re- 
quires all  due  means  to  bee  used  for  the  preserva- 
tion, the  safety  and  peace  of  the  same  ;  this  courte 
judgeth  it  necessary  that  there  should  bee  a  maga- 
zine of  powder  and  shott  provided  and  mcinteined 
i:i  the  country  in  each  towne  within  this  jurissdic- 
tion,  And  do  therefore  order  and  decree,  that  there 
shall  bee  two  ban-ills  of  powder,  and  six  hundred 
weight  of  lead  provided  by  this  commonwealth,  be- 
fore the  generall  courte  in  September  next,  which 
•hall  be  meinteined  and  continued  and  accounted  as 
the  country  stock. 

And  it  is  allso  further  ordered,  that  the  severall 
towiies  in  this  jurissdiction  shall  provide  and  meio- 
teine  as  followeth,  viz. 

Wyndsor,  one  barrill  and  halfe  of  powder,  foure 
hundred  and  fifty  pound  of  lead,  one  hundred  fath- 
om of  match,  and  nine  cotton  coates  or  corseletts, 
and  serviceable  pikes  to  either  of  them. 

Hartford,  two  ban-ills  of  powder,  six  hundred 
weight  of  lead,  and  six  score  fathom  of  match,  and 
twenty  cotton  coates  or  corseletts,  with  serviceable 
pikes  to  either  of  them. 

Weathersfeild.  one  barrill  of  powder,  three  hun- 
dred weight  of  lead,  eighty  fathom  of  match,  and 
eight  cotton  coates  or  corseletts,  with  serviceable 
pikes  to  either  of  them. 

bt-abrook,  halfe  a  barrill  of  powder,  one  hundred 


and  fifty  pound  of  lead,  forty  fathom  of  match,  and 
three  cotton  coates  or  corseletts,  with  serviceable 
pikes  to  either  of  them. 

flarmington,  the  same,  in  each  perticular  with 
Seabrook. 

tfairefeild  and  Strattford,  in  each  towne,  one  bar« 
rill  of  powder,  three  hundred  weight  of  lead,  one 
hundred  fathom  of  match,  and  six  coates  or  corse- 
letts, with  serviceable  pikes  to  either  of  them. 

Southampton  and  Pequett,  in  each  towne,  halfe 
barrill  of  powder,  one  hundred  and  fifty  pounds  of 
lead,  forty  fathom  of  match,  with  three  cotton  coates 
or  corseletts,  with  serviceable  pikes  to  either  of  them. 
Each  towne  allso,  shall  provide  so  many  firelooke 
muskitts.  and  good  back  swords  or  cutlasses,  as  the 
the  corseletts  are  they  are  charged  with  by  this  or- 
der: All  which  shall  bee  provided  by  the  severall 
townes,  by  the  courte  in  September  next,  and  mein- 
teined  constantly  for  the  future,  uppon  the  penalty 
often  shillings  per  month,  for  each  townes  defect  or 
neglect  herein. 

dllso,  it  is  further  ordered,  That  every  male  per- 
.ton  within  this  jurisdiction,  that  is  above  the  age 
of  sixteene  yea.rcs,  whether  magistrates,  ministers, 
or  any  otKer  (though  exempted  from  training, 
watching  a:id  warding)  shall  bee  always  provided 
with,  and  have  in  readines,  by  them,  halfe  a  pound 
of  powder,  two  pound  of  serviceable  bullitts,  or 
ehott,  and  two  fathom  of  match  to  every  match- 
lock, uppon  the  penalty  of  five  shillings  a  month, 
for  each  persons  default  herein ;  provided  notwith- 
standing, that  if  the  proportions  of  powder  laid  up- 
pon  each  towne  and  person,  either  doth  not  at  pres- 
ent, or  shall  not,  by  reason  of  the  increase  of  theire 
numbers,  for  the  future,  amount  in  all  to  three 
pound  of  powder  for  every  souldger,  then  each 


74 

towne  shall,  \ippon  the  former  penalty,  provide  so 
much  more,  as  shall  bee  three  pound  of  powder  for 
a  souldger,  and  other  provision  of  lead,  &c.  increase 
in  each  towne,  according  to  the  same  proportion. 

Whereas  many  inconveniences  doe  appeare  hy 
reason  that  the  severall  souldgers  of  tne  trained 
bands  in  each  towne  within  this  jurissdiction, 
have  not  been  allowed  some  powder  uppon  theire 
training  dayes,  for  theire  practice  anu  exercise 
in  theire  severall  firings  : 

It  is  ordered  by  the  authority  of  this  courle,  That 
there  shall  bee  allowed  to  every  souldger  in  the 
severall  trained  bands  in  each  towne,  as  aforesaid, 
halfe  a  pound  of  powder  a  piece,  for  a  yeare,  and  so 
from  yeare  to  yeare,  for  the  future,  to  bee  provided 
by,  and  at,  the  propper  costs  and  charges  of  the 
masters  and  governors  of  each  family  unto  which 
the  said  souldgers  doe  belong,  to  bee  called  forth, 
improved  and  disposed  of,  at  the  discretion  of  the 
captaine,  or  other  principall  leaders  in  each  train- 
ed bands. 

It  is  allso  ordered,  That  the  captaines,  leiften- 
nants  and  ensignes,  shall  bee  freed  from  watching 
and  warding,  and  the  Serjeants  from  warding  and 
halfe  theire  watch. 

MINISTERS  MEINTENANCE. 

Whereas  the  most  considerable  persons  in  the 
land  came  into  these  partes  of  America,  that  they 
might  enjoye  Christe,  in  his  ordinances,  without  dis- 
turbance; and  whereas,  amongst  many  other  pre 
tious  meanes,  the  ordinances  have  beene,  and  are 
dispensed  amongst  us,  with  much  purit)  and  pow- 


76 

fer,  thev  tooke  it  into  their  serious  consideration, 
that  a  due  rneintenance  according  to  God,  might 
bee  provided  and  settled,  both  for  the  present  and 
future,  for  the  incouragement  of  the  miristers 
workc  therein  ;  and  doe  order,  that  those  who  are 
taught  in  the  word,  in  the  several!  plantations,  bee 
called  together,  that  every  man  voluntarily  sett 
downe  what  hee  is  willing  to  allow  to  that  end  and 
use ;  and  if  any  man  refuse  to  pay  a  meete  propor- 
tion, that  then  hee  bee  rated  by  authority,  in  some 
just  and  equall  way  ;  and  if  after  this,  any  man  with- 
hold or  delay  due  payment,  the  civill  power  to  be 
exercised  as  in  other  just  debts. 

OATHS. 

I  A.  W.  now  chosen  to  be  Governor  within  this 
jurissdiction,  for  this  yeare  ensuing,  and  untill  a 
new  bee  chosen,  doe  sweare  by  the  great  and 
dreadfull  name  of  the  everlasting  God,  to  promoate 
the  publique  good  and  peace  of  the  same,  accord- 
ing to  the  best  of  my  skill ;  as  allso,  will  meinteine 
the  lawfull  priviledges  of  this  commonwealth ;  as 
allso,  that  all  wholesome  lawes,  that  are  or  shall 
bee  made  by  lawfull  authority,  here  established, 
bee  duly  executed,  and  will  further  the  execution 
of  justice,  according  to  the  rule  of  Gods  word;  so 
helpe  mee  God,  ia  the  name  of  the  Lord  Jesus 
Christe. 

1  N.  W.  being  chosen  a  magistrate  within  this 
jurissdiction,  for  the  yeare  ensuing,  do  sweare,  by 
the  great  and  dreadfull  name  of  the  everlasting 
God,  to  promoate  the  publique  good  and  peace  of  the 
same,  according  to  the  best  of  my  skill ;  and  allso, 
that  I  will  meinteine  all  the  lawfull  priviledges 
thereof,  according  to  my  understanding,  as  allso,  to 


the  execution  of  all  such  wholesome  lawes 
as  are  made,  or  shall  be  made  by  lawfull  authority, 
here  established,  and  further  the  execution  of  jus- 
tice for  the  time  aforesaid,  according  to  the  right- 
eous rule  of  Gods  worde  :  So  help  me  God. 

I  A.  B.  doe  sweare  by  the  great  and  dreadful^ 
name  of  the  everliving  God,  that  for  the  yeare  en-' 
suing,  and  until  a  new  bee  chosen,  I  will  faithful- 
ly execute  the  place  and  office  of  a  constable,  for, 
and  within,  the  plantation  of  W.  and  the  limmitts 
thereof;  and  that  1  will  indeavour  to  preserve  the 
publique peace  of  the  saide  place  and  commonwealth, 
and  will  doe  mv  best  indeavour  to  see  all  watches 
and  wardes  executed,  and  to  obey  and  execute  all 
lawfull  commands  or  warrants  that  come  from  any 
magistrate,  magistrates  or  courte;  so  helpe  mee 
God,  in  the  Lord  Jesus  Christe. 

1  A.  B.  being  by  the  providence  of  God,  an  in- 
habitant within  the  jurissdiction  of  Connecticut, 
being  to  bee  made  free,  doe  acknowledge  rnyselfe 
to  bee  subject  to  the  govemement  thereof,  and  doe 
sweare  by  the  great  and  fearful!  name  of  the  ever- 
living  God,  to  bee  true  and  faithfull  unto  the  same, 
and  doe  submitt  both  my  person  and  estate  thereun- 
to, according  to  all  the  wholesome  lawes  and  orders 
that  there  are,  or  hereafter  shall  bee  there  made  and 
established  by  lawfull  authority;  and  that  I  will 
neither  plott  nor  practice  any  evill  against  the  same, 
nor  consent  to  any  that  shall  so  doe,  but  will  timely 
disscover  the  same  to  lawfull  authority  there  estab- 
lished ;  and  that  I  will,  as  in  duty  I  am  bound, 
meinteine  the  honor  of  the  same,  and  of  the  lawful! 
magistrates  thereof,  promoating  the  publique  good 
of  it,  whilst  I  shall  so  continue  an  inhabitant  there; 
and  whensoever  I  shall  give  my  voate  or  suffrage 
touching  any  matter  which  concerns  this  common 


wealth,  being  called  thereunto,  will  give  it  as  in  my 
conscience  I  shall  judge  may  conduce  to  the  best 
good  of  the  same,  without  respect  of  persons,  or 
favour  of  any  man :  So  helpe  me  God,  in  our  Lord 
Jesus  Christe. 

You  sweare,  that  you  A.  B.  shall  duely  try  the 
cause  or  causes  now  to  bee  given  you  in  charge, 
between  the  plaintiff  and  defendant,  or  plaintiffs  and 
defendants,  according  to  your  evidence  given  in 
courte,  and  accordingly,  a  true  verdict  give ;  your 
owne  counsells  and  your  fellowes,  you  shall  duely 
keepe,  you  shall  spcake  nothing  to  any  one  of 
the  buisiness  and  matters  in  hand,  but  among  your- 
selves, nor  shall  you  suffer  any  to  speake  unto  you 
about  the  same,  but  in  courte,  and  when  you  are 
agreed  of  any  verdict,  you  shall  keepe  it  secreet, 
till  you  deliver  it  up  in  courte:  So  helpe  you  God, 
in  our  Lord  Jesus  Christe. 

You  doe  sweare  by  the  great  and  dreadfull  name 
of  the  everlasting  God,  that  for  this  yeare  ensuing, 
and  until!  new  bee  chosen,  you  shall  faithfully  exe- 
cute the  place  and  office  you  are  chosen  unto,  ac- 
cording to  the  extent  of  your  comission  :  So  helpe 
you  God  in  the  name  of  the  Lord  Jesus  Christe. 
(Note — The  preceding  form  of  oath  was  prescribed 
for  commissfoners.) 

A.  B.  you  being  chosen  secretary  for  this  juriss- 
diction,  during  this  yeare,  doe  sweare  by  the  great 
name  of  God,  that  you  shall  keepe  the  secreets  of 
the  courte,  and  shall  carefully  execute  the  place 
of  a  secretary,  and  shall  truly  and  faithfully  record 
all  orders  of  ihe  courte,  and  shall  deliver  true  copies 
and  certificates  when  they  shall  bee  necessarily  re- 
quired :  So  helpe  you  God,  in  our  Lord  Jesus 
Christe. 

You  doe  sweare  by  the  great  and  dreadfull  name 


of  God,  that  you  will  with  all  due  care  and  faith- 
fullnes,  make  presentment  according  to  order,  at 
the  quarter  courte  in  September  next,  such  misde- 
meanors and  transgressions  of  the  lawcs  and  orders 
of  this  commonwealth,  as  shall  come  to  your  cog- 
nisance, as  allso,  to  doe  your  indeavours  to  finde 
out  such  things  as  are  contrary  to  religion  and 
peace  :  So  helpe  you  God,  in  our  Lord  Jesus  Christe. 
(Note — This  form  of  oath  was  prescribed  for  Grand- 
jurors.) 

PEACE. 

//  is  ordered  by  this  courte  and  decreed,  That  no 
peage,  white  or  black,  bee  paid  or  received,  but 
what  is  strunge,  and  in  some  measure,  strunge  suta- 
bly,  and  not  small  and  great,  uncomely  and  disor- 
derly mixt,  as  formerly  it  hath  beene. 

POORE. 

//  is  ordered  by  this  courte  and  authority  thereof, 
That  the  courte  of  magistrates  shall  have  power  to 
determine  all  differences  about  lawfull  settling,  and 
providing  for  pore  persons,  and  shall  have  power  to 
dispose  of  all  unsetled  persons,  into  such  townes  as 
they  shall  judge  to  bee  most  fitt,  for  the  maintenance 
and  imployment  of  such  persons  and  familyes,  for  the 
ease  of  the  countrye. 

POUND,  POUND-BREACH. 

Ffor  prevention  and  due  recompence  of  dammage 
in  cornefeildsand  other  inclosures,  done  by  swyne 
and  cattle  : 

//  is  ordered  by  this  Courte  and  Authority  thereof, 


79 

that  there  shall  bee  one  sufficient  pound,  or  more, 
made  and  meinteined  in  every  towne  and  village 
within  this  jurisdiction,  for  the  impounding  of  all 
such  swyne  and  cattle  as  shall  bee  found  in  any 
cornefeild,  or  other  inclosure  ;  and  whosoever  im- 
pounds any  swyne  or  cattle,  shall  give  present  no- 
tice to  the  owners,  if  hee  bee  knowne,  or  otherwise, 
they  shall  be  cryed  at  the  two  next  lectures  or 
markitts;  and  if  swyne  or  cattle  escape  out  of  the 
pound,  the  owner,  if  knowne,  shall  pay  all  damma- 
ges  according  to  lawe. 

And  whereas  impounding  of  cattle,  in  case  of  tress- 
passes,  hath  beene  alwayes  found  both  needfull 
and  proffitable,  and  all  the  breaches  about  the 
same,  very  offensive  and  injurious : 

//  is  therefore  ordered  by  this  Cowrie  and  authori- 
ty thereof.  That  if  any  person  shall  resiste  or  rescue 
any  cattle  going  to  the  pound,  or  shall,  by  any  way 
or  rneanes,  convey  them  out  of  pound,  or  custody 
of  the  lawe,  whereby  the  party  wronged,  may  lose 
his  dammage,  and  the  lawe  bee  deluded,  that  in 
case  of  meere  rrescues,  the  party  offending,  shall 
forfeitt  to  the  treasure,  forty  shillings  ;  and  in  case 
of  pound  breach,  five  pounds,  and  shall  allso,  pay 
all  dammages  to  the  party  wronged ;  and  if  in  the 
rescue,  any  bodily  harmes  bee  done  to  the  person 
of  any  man,  or  other,  they  shall  have  remedye 
against  the  rescuers;  and  if  either  bee  done  by  any 
not  of  abilitye  to  answer  the  dammage  and  forfeitt 
aforesaid,  they  shall  bee  bodily  whipped  by  war- 
rant from  any  magistrate  before  whome  the  of- 
fender is  convicted,  in  the  towne  or  plantation  where 
the  oflence  was  committed,  not  exceeding  twenty 
stripes  for  the  meere  rescues  or  pound  breach,  and 


for  all  dammages  to  the  party,  they  shall  satisfie  by 
service,  as  in  case  of  theft;  and  if  it  appear,  there 
were  any  procurement  of  the  owner  of  the  cattle, 
thereunto,  and  that  they  were  abettors,  they  Khali 
all  pay  forfeitures  and  dammages,  as  if  themselves 
had  done  it. 

PROFANE  SWEARING. 

It  is  ordered,  and  by  this  Courte  decreed,  That  if 
any  person  within  this  jurissdiction  shall  sweare 
rashly  and  vainely,  either  by  the  holy  name  of 
God,  or  any  other  oath,  and  shall  sinfully  and 
wickedly  curse  any,  hee  shall  forfeitt  to  the  com- 
mon treasure,  for  every  such  severe  offence, 
ten  shillings:  And  it  shall  bee  in  the  power  of 
any  magistrate,  by  warrant  to  the  constable,  to 
call  such  persons  before  him,  and  uppon  just  proofe 
to  pass  a  sentence,  and  levye  the  said  penalty,  ac- 
cording to  the  usual  order  of  justice  ;  and  if  such 
persons  bee  not  able,  or  shall  utterly  refuse  to  pay 
the  aforesaid  fyne,  hee  shall  bee  committed  to  the 
stocks,  there  to  continue,  not  exceeding  three  hours, 
arid  not  less  than  one  houre. 

RATES. 

//  is  ordered  by  this  Cnnrte  and  authority  there~ 
of,  That  every  inhabitant  shall  henceforth  contrib- 
ute to  all  charge?,  both  in  church  and  common- 
wealth, whereof  hee  doth  or  may  receive  benefitt; 
and  every  such  inhabitant  who  shall  not  voluntarily 
contribute  proportionably  to  his  ability  with  the 
rest  of  the  same  towne,  to  all  common  charges,  both 
civill  and  ecleseasticall,  shall  bee  compelled  there- 
unto by  assessments  and  distress,  to  be  levyed  by  the 
constable  or  other  officer  of  the  towne,  as  in  othei 


cases  ,  and  that  the  lands  and  estates  of  all  men, 
vvhereever  the)  dwell,  shall  be  rated  for  all  towne 
charges,  both  civill  and  eclesiasticall,  as  aforesaid, 
where  the  lands  and  estates  shall  lye,  and  theire  per- 
»)ns  where  they  dwell. 

Ffor  a  more  equall  and  ready  way  of  raising  meanes 
of  defraying  of  publique  charges  in  time  to  come, 
and  for  preventing  such  inconveniences  as  have 
fallen  out  uppon  former  assessments ; 

It  is  ordered  and  enacted  by  the  authority  of  this 
Courte,  that  the  treasurer  for  the  time  being,  shall 
from  yeare  to  yeare,  in  the  first  month,  without  ex- 
pecting any  other  order,  send  forth  his  warrant  to 
the  constables  of  every  towne  within  this  jurissdic- 
lion,  requiring  the  constable  to  call  together  the 
inhabitants  of  the  towne,  whoe  being  so  assembled, 
shall  chuse  three  or  four  of  theire  able  inhabitants 
whereof,  one  to  bee  a  commissioner  for  the  towne, 
who  shall  some  time  or  times  in  (he  sixth  month 
then  next  ensuing,  make  a  list  of  all  the  male  per- 
sons in  the  same  towne,  from  sixteene  yeares  old 
and  upwards,  and  a  true  estimation  of  all  personal! 
and  reall  estates  being,  or  reputed  to  bee,  the  estate 
of  all  and  every  the  persons  in  the  same  towne,  or 
otherwise  under  theire  custody  or  managing,  accord- 
ing to  just  valuation,  and  to  what  persons  the  same 
belong,  whether  in  theire  owne  towne  or  other 
where,  as  neare  as  they  can,  by  all  lawful!  wayes 
and  meanes,  which  they  may  use,  viz.  of  howses 
lands  of  all  sortes,  as  well  unbroken  up  as  other, 
except  such  as  doth  or  shall  lye  common  for  free 
food  of  cattle  to  the  use  of  the  inhabitants  in  gene 
rail,  whether  belonging  to  townes  or  perticular  per 
sons,  but  not  to  bee  kept  or  hearded  uppon  it  to  the 
dammage  of  the  proprietors,  mills,  shipps,  and  all 


imall  vessells,  merchantable  goods,  cranes,  wharfes, 
and  all  sortes  of  cattle,  and  all  other  knowne  estate 
whatsoever;  as  allso,  all  visible  estate,  either  at  sea, 
or  on  shoare  ;  ail  which  persons  and  estates,  are  by 
the  said  commissioners  and  selectmen,  to  bee  as- 
sessed and  rated,  as  here  folio  weth,  viz.  every  per- 
son aforesaid,  except  magistrates  and  elders  of  the 
churches,  two  shillings  sixpence  by  the  head,  and 
all  estates  both  reall  and  personal!,  at  one  penny  for 
every  twenty  shillings,  according  to  the  rates  of 
cattle  hereafter  mentioned  ;  and  for  a  more  cer- 
taine  rule  in  rating  of  cattle,  every  cowe  of  foure 
yeare  old  and  upward,  shall  bee  valued  at  five 
pounds,  every  heifer  and  steare  between  three  and 
foure  yeare  old,  foure  pounds,  and  between  two  and 
three yeare  old  fifty  shillings;  and  between  one  and 
two  yeare  old,  thirty  shillings;  every  oxe  and  bull 
of  foure  yeare  old  and  upwards,  six  pounds;  every 
horse  and  mare  of  foure  yeare  old  and  upwards, 
twelve  pound,  of  three  yeare  old,  eight  pounds, 
betweene  two  and  three  yeares  old,  five  pounds,  of 
one  yeare  old,  three  pounds;  every  sheepe  of  one 
yeare  old  thirty  shillings  ;  every  goate  above  one 
yeare  old  eight  shillings;  every  swyne  above  one 
yeare  old,  twenty  shillings ;  and  all  cattle  of  all 
•ortes,  under  a  yeare  old,  are  hereby  exempted  ;  as 
allso,  all  hav  and  conic  in  the  husbandrnans  hand, 
because  all  meadow,  earabie  ground,  and  cattle  are 
rateable  as  aforesaid.  And  for  all  such  persons  as 
by  the  advantage  of  theire  artes  and  trades  are 
more  able  to  helpe  beare  the  publique  charge,  then 
common  labourers,  and  workmen,  as  butchers,  ba- 
kers, bruers,  victuailers,  smiths,  carpenters  tailors, 
shoemakers  joiners,  barbers,  millers  and  masons, 
with  all  other  manuall  persons  and  artists,  such  are 
to  be  rated  for  theire  returnes  and  gaines  propor- 
tionably  unto  other  men  for  the  produce  of  theire 


estates  :  provided,  that  in  the  rate  by  the  polls,  sndi 
persons  as  are  disabled  by  sickness,  lameness,  or 
other  infirmities,  shall  be  exempted  ;  and  for  such 
servants  and  children  as  take  not  wages,  theire  pa- 
rents and  masters  shall  pay  for  them,  but  such  as  take 
wages  shall  pay  for  themselves. 

And  it  is  farther  ordered,  That  the  commissioners 
for  the  several!  townes  uppon  this  river,  shall  yeare- 
ly  meet  uppon  the  third  Thursday  in  the  sixth  month 
at  Hartford ;  and  the  commissioners  for  the  townes 
of  Ffairefeild  and  Strattford,  shali  meett  the  same 
day  in  one  of  those  townes,  and  bring  with  them, 
falsely  written,  the  just  number  of  males  listed  as 
aforesaid,  the  assessment  of  estates  made  in  theire 
severall  townes,  according  to  the  rules  arid  direc- 
tions in  this  present  order  expressed.  And  the  said 
comissioners  being  so  assembled,  shall  duely  and 
carefully  examine  all  the  said  lists  and  assessments 
of  the  severall  townes,  and  shall  correct  and  perfect 
the  same,  according  to  the  true  intent  of  this  order, 
and  the  same  so  perfected,  they  shall  transmitt  un- 
der theire  hands,  to  the  generall  courte,  the  second 
Thursday  in  September,  and  then  directions  shall 
bee  given  to  the  Treasurer  for  gathering  of  the  said 
rate  ,  and  every  one  shall  pay  theire  rate  to  the 
constable  of  the  towne  where  it  shall  bee  assessed  ; 
nor  shall  any  land  or  estate  bee  rated  in  any  other 
towne,  but  where  the  same  shall  lye,  is  or  was  im- 
proved to  the  owners,  reputed  owners,  or  other 
proprietors  use  or  behoofe,  if  it  bee  within  this 
jurissdiction.  And  for  all  peculiars,  \\z.  Such 
places  as  are  not  yet  laid  within  the  bounds  of  any 
towne,  the  same  land,  with  the  persons  and  estates 
thereupon,  shall  bee  assessed,  by  the  rates  of  the 
towne  next  unto  it,  and  the  measure  or  estimation, 
shall  bee  by  the  distance  of  the  meeting  howsea  ; 


64 

and  if  any  of  the  said  comissioners,  or  of  the  se- 
lectmen, ghail  willingly  faile  or  neglect  to  performs 
the  trust  committed  10  them,  by  this  order,  in  not 
making,  correcting,  perfecting  or  transmitting  any  of 
the  said  lists  or  assessments,  according  to  the  intent 
of  this  order,  every  such  offender  shall  bee  fyned 
forty  shillings  for  every  such  olience,  or  so  much  as 
the  country  shall  bee  damnified  thereby,  so  as  it  ex- 
ceeds not  forty  shillings  for  one  offence  ;  provided, 
that  such  offence  or  otjences  bee  complained  of  and 
prosecuted  in  due  course  of  law,  within  six  months. 

Andil  is  further  ordered,  That  uppon  all  distresses 
to  bee  taken  for  any  of  the  rates  and  assessments 
aforesaid,  the  officer  shall  distreine  goods  or  cattle, 
if  they  may  bee  had;  and  if  no  goods,  then  lands 
or  howses,  and  if  neither  goods  nor  lands  can  bee 
had  within  the  towne  where  such  distresses  are  to 
bee  taken,  then  uppon  such  returnes  to  the  treasur- 
er, he  shall  give  warrants  to  attache  the  body  of 
such  persons  to  bee  carried  to  -prison,  there  to  bee 
kept  till  the  next  courte,  execept  they  put  in  se- 
curity for  theire  appearance  there,  or  that  payment 
bee  made  in  the  meane  time. 

And  it  is  further  ordered,  That  the  prises  of  all 
sortes  of  corne  to  bee  received  uppon  any  rate  by 
virtue  of  this  order,  shall  bee  such  as  the  courte 
shall  sett  from  yeare  to  yeare,  and  in  default  there- 
of they  shall  bee  accepted  at  the  price  current,  to 
bee  judged  by  the  said  comissioners. 

And  it  is  further  ordered,  That  all  estates  of  land 
in  England,  shall  not  be  rated  in  publique  assess- 
ment. 

//  is  allso  provided  and  ordered,  That  all  towne 
rates  shall  bee  made  after  the  same  manner,  and  by 
the  same  rule,  as  the  country  rate. 


Whereas  much  wrong  hath  beene  done  to  the  coun- 
try, by  the  negligence  of  constables  in  not  uath- 
ering  such  levyes  as  they  have  received  warrants 
from  the  Treasurer,  during  theire  office  : 

//  is  therefore  ordered,  That  if  any  constable  shall 
not  have  gathered  the  levyes  comitted  to  his  charge 
by  the  Treasurer  then  being,  during  the  time  of  his 
otlice,  that  he  shall  notwithstanding  expiration  of 
his  office,  have  power  to  levye  by  distress,  all  such 
rates  and  levyes  ;  and  if  he  bring  them  not  in  to  the 
old  treasurer,  according  to  his  warrants,  the  Treas- 
urer shall  distreine  such  constables  goods  for  the 
same  ;  and  if  the  Treasurer  shall  not  so  distreine 
the  constable,  bee  shall  bee  answerable  to  the 
country  for  the  same  ;  and  if  the  constable  bee 
not  able  to  make  payment,  it  shall  bee  lawfull  for 
the  Treasurer,  old  or  new  respectively,  to  distreine 
any  man  or  men  of  that  towne  where  the  constables 
are  unable  for  all  arrearages  of  levyes,  and  that 
man  or  men,  uppon  petition  to  the  Generall  courte, 
shall  have  order  to  collect  the  same  againe,  equally 
of  the  towne,  with  his  just  dammages  for  the  same. 

//  is  further  ordered  by  this  Courie,  That  all  col- 
lectors and  gatherers  of  rates,  shall  appoint  a  day 
and  place,  and  give  reasonable  warning  to  the  in- 
habitants to  bring  in  theire  proportions,  uppon 
which,  every  man  so  warned,  shall  duel)  attend  to 
bring  in  his  rate,  or  uppon  neglect  thereof,  shall 
forfeit!  two  pence  in  the  shilling  for  what  hee  falls 
shorte.  and  the  said  collector  shall  have  authority 
hereby  10  distreine  the  delinquents,  or  bee  accounta- 
ble themselves  for  the  rates  and  penalties  so  neg- 
lected by  them. 

.) 


RECORDS. 

It  is  ordered  by  this  courte,  and  authority  thereof t 
That  the  to\vne  dark  or  register  in  the  several! 
townes  of  this  jurissdiction  shall  record,  all  hirths 
and  deaths  of  persons  in  ihei re  towne,  and  that  all 
parents,  masters  of  servants,  executors  and  ad- 
ministrators respectively,  shall  bring  into  the  regis- 
ter of  theire  severall  townes,  the  names  of  such 
persons  belonging  to  them  or  any  of  them,  as  shall 
either  bee  borne  or  dye  ;  and  allso,  that  every  new 
married  man  shall  likewise  bring  in  a  certificate  of 
his  marriage,  under  the  hand  of  the  magistrate 
which  married  him,  to  the  said  register,  and  for  each 
neglect,  the  person  to  whome  it  doth  belong,  shall 
forfeittas  follovveth,  viz.  If  any  person  shall  neglect 
to  bring  in  a  noate  or  certificate  as  aforesaid,  togeth- 
er with  three  pence  a  name,  to  the  said  register,  for 
all  births  and  deaths,  and  sixpence  for  each  mar- 
riage to  bee  recorded,  more  then  one  month  after 
such  birth,  death  or  marriage,  shall  forfeit!  for 
every  default,  five  shillings,  and  the  penalty  further 
increased,  uppon  longer  neglect,  according  to  the 
judgement  of  the  courte  ;  and  the  register  of  each 
towne  shall  yearely,  convey  to  the  Secretary  of  (he 
courte,  a  true  transcript  ol  the  births,  deaths  and 
marriages  given  under  theire  hands,  with  a  third 
parle  of  the  aforementioned  fees,  under  the  penalty 
of  forty  shillings  for  every  t-uch  neglect,  all  which 
forfeitures  shall  bee  returned  into  the  Treasury  ; 
aliso,  the  grand  jurors  may  present  all  neglects  of 
this  order. 

It  is  ordered  by  the  anthorify  aforesaid.  That  Ihe 
severall  townes  within  this  jurissdiction,  shall  each 
of  them  provide  a  ledger  booke,  with  an  index  or 


alphabet!  unto  the  same,  allao  shall  chuse  one  whoe 
shall  bee  a  towne  clerke  or  register,  whoe  shall  be- 
fore the  General  I  courte  in  September  next,  record 
every  m;»ns  howse  and  lands  already  graunted  and 
measured  out  to  him,  with  the  bounds  and  quantity 
of  the  same  ;  and  whosoever  shall  neglect  three 
months  after  notice  given,  to  bring  in  to  the  said 
towne  clerke  or  register,  a  noate  of  his  howse  and 
land,  with  the  bounds  and  quantity  of  the  same,  by 
the  nearest  estimation,  shall  forfeitt  ten  shillings  ; 
and  so  ten  shillings  a  month,  for  every  month  hee 
shall  so  neglect;  the  like  to  bee  done  for  all  lands 
hereafter  graunted  and  measured  to  any  ;  and  if 
any  such  granter,  being  required  by  the  grantee,  his 
heirs  or  assigns,  to  make  an  acknowledgment  of  any 
graunt,  sale,  bargaine  or  morgage  by  him  made, 
shall  refuse  so  to  do,  it  shall  bee  in  the  power  of 
any  magistrate,  to  send  for  the  partye  so  refusing, 
and  committ  him  to  prison  without  bayle  or  maine- 
prise,  untill  he  shall  acknowledge  the  same  :  And 
the  grantee  is  to  enter  his  caution  with  the  record- 
er, and  this  shall  save  his  interest  in  the  meane 
time  ;  and  all  bargaines  or  rr.orgages  of  lands  what- 
soever,  shall  bee  accounted  of  no  value  untill  they 
oee  recorded  ;  for  which  entry  the  register  shall 
receive  six  pence  for  every  parcell,  delivering  every 
i>wner  a  copy  of  the  same  under  his  hand  ;  whereof, 
foure  pence  shall  bee  for  himselfe,  and  two  pence 
for  the  secretary  of  the  courte.  And  the  said 
register  shall,  every  Generall  courte,  in  May  and 
September,  deliver  unto  the  same,  a  transcript, 
fairely  written,  of  all  such  graunts,  bargaines  or  in 
gagements,  recorded  by  him  in  the  towne  booke  ; 
and  the  secretary  of  the  courte,  shall  record  it  in 
a  booke  fairely  written,  provided  for  that  purpose, 
and  shall  preserve  the  coppy  brought  iu  under  the 


hand  of  the  towne  clarke ;  Allso,  the  said  to\rne 
clarke  shall  have  for  every  search  of  a  parcel!,  one 
penny,  and  for  every  copy  of  a  parcell,  two  pence, 
and  a  copy  of  the  same  under  the  hand  of  the  said 
register,  or  towne  clarke,  and  two  of  the  men 
chosen  to  governc  the  towne,  shall  bee  a  sufficient 
evidence  to  all  that  have  the  same. 

Ffor  the  hetter  keeping  in  minde  those  passages 
of  Gods  providence,  which  have  bcene  remarkable, 
since  our  first  undertaking  of  these  plantations  ; 
Mr.  Deputy,  Capt.  Mason,  Mr.  Sione  with  Mr. 
Goodwyn,  are  desired  to  take  the  paines  severally, 
in  theire  severall  towncs,  and  then  jointly  together, 
to  gather  up  the  same,  and  deliver  them  into  the 
Geiierall  courte  in  September  next,  and  if  it  bee 
judged  then  ritt,  they  may  bee  recorded  :  and  fo«- 
future  times,  whatsoever  remarkable  passages  shall 
bee,  and  if  they  bee  publique,  the  said  parties  are 
desired  to  deliver  in  the  same  to  the  Generall  courte  ; 
but  if  any  perticular  person  doe  bring  in  any  th'mge, 
hee  shall  bring  it  under  the  hands  of  two  of  the 
aforementioned  parties,  that  it  is  true,  then  present 
it  to  the  Generall  courte.  that  if  it  bee  there  judged 
requisitt,  it  may  bee  recorded  ;  provided,  that  any 
Generall  courte,  for  the  future,  may  alter  any  ol 
the  parties  before  mentioned,  or  add  to  them,  as 
they  shall  judge  meett. 

It  is  allso  ordered  by  this  coitrle,  and  decreed,  That 
after  the  death  and  decease  of  any  person  possessed 
of  any  estate,  bee  it  more  or  less,  and  whoe  mak- 
eth  a  will  in  writing,  or  by  word  of  mouth,  those 
men  which  are  appointed  to  order  the  affaires  of 
the  towne,  where  any  such  person  deceaseth,  shall 
within  one  month  after  the  same,  at  furthest,  cause 
a  true  inventory  to  bee  taken  of  the  said  estate,  in 
writing,  as  allso,  take  a  copy  of  the  said  will  or 


•'fo 

testament,  and  enter  it  into  a  boolce,  or  keepe  the 
coppy  in  safe  custody  ;  as  allso,  enter  the  names 
uppon  record,  of  the  children,  and  legatees  of  the 
testator  or  deceased  person  :  And  the  said  orderers 
of  the  afl'aires  of  the  towne,  are  to  see  every  such 
will  and  inventory,  to  bee  exhibited  into  the  pub- 
lique  courte,  within  one  quarter  of  a  yeare,  where 
the  same  is  to  bee  registred  :  And  the  said  order- 
ers of  the  atlaires  of  the  towne,  shall  doe  theire 
indeavora  in  seeing  that  the  estate  of  the  testator 
bee  not  wasted  nor  spoiled,  but  improved  for  the 
best  advantage  of  the  children  or  legatees  of  the 
testator,  according  to  the  minde  of  the  testator,  for 
theire,  and  every  of  theire  use,  and  theire  and  eve- 
ry of  theire  allowance  and  approbation  :  Hut  where 
any  person  dyeth  intestate,  the  said  orderers  of  the 
aliaires  of  the  towne,  shall  cause  an  inventory  to 
bee  taken,  and  then  the  publique  courte  may  graunt 
the  administration  of  the  goods  and  chatties  to  the 
next  of  kinn,  jointly  and  severally,  and  devide  the 
estate  to  wife,  (if  any  bee)  children  or  kindred,  as 
in  equity  they  shall  see  meett.  And  if  no  kindred 
bee  found,  the  courte  to  administer  for  the  publique 
good  of  the  common  ;  provided  there  bee  an  inven- 
tory registred,  that  if  any  of  the  kindred,  in  future 
time  appeare,  they  may  have  justice  and  equity 
done  unto  them.  And  all  charges  that  the  publique 
courte,  or  the  orderers  of  the  afl'aires  of  the  towne 
are  at,  about  the  trust  committed  to  them,  either 
for  writing  or  otherwise,  to  bee  paid  out  of  the 
estate. 

Whereas  allso,  it  was  recomended  by  the  com- 
missioners, that  for  the  more  free  and  speedy  pas- 
sage of  justice  in  each  jurissdiction,  to  all  the  con- 
federates, if  the  last  will  and  testament  of  any 
person,  bee  duely  prooved  in,  and  ducly  certified 


from  anyone  of  the  colonyes,  it  bee  without  delay, 
accepted  and  allowed  in  the  rest  of  the  colonyes, 
unless  some  just  exception  bee  made  against  such 
will,  or  the  prooving  of  it,  which  exception  to  bee 
duely  forthwith  duely  certified  back  to  the  colony 
where  the  said  will  was  prooved,  that  some  just 
course  may  bee  taken  to  gather  in  and  dispose  the 
estate  without  delay  or  damrnage ;  And  aliso,  that 
if  any  knowne  planters  or  settled  inhabitants,  dye 
intestate,  administration  bee  graunted  by  that  colo- 
ny unto  which  the  deceased  belong,  though  dying 
in  another  colony :  And  the  administration  being 
duely  certified  tc,  bee  of  force  for  the  gathering  in 
of  the  estate,  in  the  rest  of  the  colonyes,  us  in  the 
case  of  wills  prooved,  where  no  just  exception  is 
returned  :  But  if  any  person  possessed  of  an  estate, 
whoe  is  neither  planter,  nor  settled  inhabitant  in 
any  of  the  colonyes,  dye  intestate,  the  administra- 
tion (if  just  cause  bee  found  to  give  administration) 
beegrauuted  by  that  colony  where  the  person  shall 
dye  and  departe  this  life,  and  that  care  bee  taken 
by  that  governement,  to  gather  in  and  secure  the 
estate,  untill  it  bee  demaunded,  and  may  bee  deliv- 
ered according  to  rules  of  justice  ;  which  uppon 
due  consideration,  was  confirmed  by  this  courte,  in 
the  behalfe  of  this  colonye,  and  ordered  to  bee  at- 
tended in  all  such  occasions,  for  the  future;  pro 
vided,  the  Generall  courtes  of  the  other  colonyes 
yeild  the  like  assent  thereunto. 

SCHOOLES. 

It  being  one  cheife  project  of  that  old  deludcr, 
Sathan,  to  keepe  men  from  the  knowledge  of  the 
scriptures,  as  in  former  times,  keeping  them  in  an 
unknowne  tongue,  s>o  .in  these  latter  times,  bjr 


perswading  them  from  the  use  of  tongues,  so.  that 
at  least,  the  true  sencc  and  meaning  of  the  origin- 
all  might  bee  clouded  with  falser  glosses  of  saint 
seeming  deceivers ;  and  that  learning  may  not 
bee  buried  in  the  grave  of  our  forefather?,  in 
church  and  commonwealth,  the  Lord  assisting 
our  indeavors  ; 

It  is  therefore  ordered  by  this  courte  and  authority 
thereof.  That  every  towneshipp  within  this  juriss- 
diction,  after  the  Lord  hath  increased  them  to  the 
number  of  fifty  howshoulders,  shall  then  forthwith 
appointe  one  within  theire  towne,  to  teach  all  euch 
children,  as  shall  resorte  to  him,  to  write  and  read, 
whose  wages  shall  bee  paid,  either  by  the  parents 
or  masters  of  such  children,  or  by  the  inhabitants 
in  generall,  by  way  of  supplye,  as  the  major  parte 
of  those  who  order  the  prudentialls  of  the  towne, 
shall  appointe  ;  provided,  that  those  who  send  theire 
children,  bee  not  oppressed  by  paying  much  more 
then  they  can  have  them  taught  for,  in  other  townes. 

And  it  is  further  ordered.  That  where  any  towne 
shall  increase  to  the  number  of  one  hundred  fami- 
lies or  howshoulders,  they  shall  sett  up  a  grammar 
schoole,  the  masters  thereof,  being  able  to  instruct 
youths,  so  farr  as  they  may  bee  fitted  for  the  uni- 
versity ,  and  if  any  towne  neglect  the  performance 
hereof,  above  one  yeare,  then  every  such  towne 
shall  pay  five  pounds  per  annum,  to  the  next  such 
schoole,  till  they  shall  performe  this  order. 

The  propositions  concerning  the  meintenance  of 
schollars  at  Cambridge,  made  by  the  comissioners, 
is  confirmed. 

And  it  is  ordered,  That  two  men  shall  bee  ap- 
pointed in  every  towne  within  this  jurissdiction, 
whoe  shall  demand  what  every  familye  will  give, 
and  the  same  to  bee  gathered  and  brought  into  some 


roome,  in  March  ;  and  this  to  continue  yearely,  as 
it  shall  bee  considered  by  the  comissiouers. 

SECRETARY. 

//  is  ordered  and  decreed,  That  within  twenty  dayes 
after  the  session  of  every  General!  conrte,  the  se- 
cretary thereof,  shall  send  forth  copies  of  such 
lawes  and  orders  as  are  or  shall  bee  made,  at  either 
of  them,  which  are  of  general!  concernernent  for 
the  governement  of  this  commonwealth  to  the  con- 
stables of  each  towne  within  this  jurisdiction,  for 
them  to  publish  within  Fourteene  dayes  more,  at 
some  pub'.ique  meeting  in  theire  severall  townes, 
and  cause  to  bee  written  into  a  booke  and  kept  for 
the  use  of  the  towne,  and  once  every  yea  re,  the 
constables  in  each  towne,  shall  read  or  cause  to  bee 
read,  in  some  publique  meeting,  all  the  capital! 
lawes,  and  give  notice  to  all  the  inhabitants,  where 
they  may,  at  any  time,  see  the  rest  of  the  lawes 
and  orders,  and  acquaint  themselves  therewith : 
And  the  secretary  of  the  courte,  shall  have  twelve 
pence,  for  the  copy  of  the  orders  of  each  session 
as  aforesaid,  from  each  of  the  townes. 

And  it  if  further  ordered,  That  the  secretary  of 
the  courte,  shall  record  such  wills  and  inventories 
as  are  exhibited  into  the  said  courte,  and  shall  fyle 
the  original!  of  them,  and  give  a  roppy  thereof,  to 
such  as  desire  it,  for  which  hee  shall  have  for  every 
record  of  any  will  or  inventory,  or  both,  which  is 
above  the  summ  of  forty  pound?,  three  shillings 
fou re  pence,  and  for  every  coppy  of  them,  or  either 
of  them,  one  shilling  eight  pence  ;  and  for  every 
search  or  supervising  of  them,  six  pence  ;  allso, 
for  recording  of  every  will  or  inventory,  or  both, 
which  is  above  the  summ  of  thirty  pounds,  and 


under  the  summ  of  forty  pounds,  two  shillings  six 
pence ;  and  for  every  coppy  of  them,  or  either  of 
them,  iifteene  pence,  and  for  every  starch  or  super- 
vising of  them,  foure  p^nce  ;  allso  for  every  at- 
tachement,  twelve  pence,  and  for  every  bond  or 
recogniscance  in  or  about  the  same,  six  pence ; 
aliso,  for  every  execution  above  five  pounds,  the 
secretary  shall  have  twelve  pence,  and  for  every 
execution  under  five  pounds,  six  pence  ;  allso,  for 
the  entry  of  every  or  any  recogniscance  in  coune, 
six  pence,  and  for  the  withdrawing  of  it,  twelve 
pence,  which  shall  bee  paid  before  the  bounden  bee 
freed  from  his  said  recogniscance. 

It  is  allso  ordered,  That  whosoever  shall  take  out 
any  warrant  from  the  secretary  of  the  courte,  that 
concerns  an  action,  shall  before  hee  hath  a  warrant, 
enter  his  action  with  the  secretary,  and  then  take 
out  his  warrant  for  summons  to  answer  the  same, 
for  which  they  shall  pay  for  every  entry,  twelve 
pence,  and  for  every  warrant,  foure  pence,  though 
they  agree  with  theire  defendants  before  the  courte  : 
Allso,  if  any  other  magistrate  shall  graunt  a  war- 
rant, which  concerns  an  action,  they  shall  enter 
the  action  in  a  small  booke  for  that  purpose,  before 
they  graunt  the  warrant,  and  shall  make  a  due  re- 
turne,  at  every  courte,  to  the  secretary  thereof,  what 
euch  warrants,  and  to  whome  they  have  graunted, 
and  all  such  persons  shall  bee  as  lyable  to  pay 
twelve  pence  for  every  such  action,  to  the  secretary 
of  the  courte,  as  if  they  should  have  had  theire 
warrants  of  him. 

STRAYES. 

It  is  ordered  by  this  Courte,  and  authority  thereof, 
That  whosoever  shall  take  up  any  straye  beast,  or 


find  any  goods  lost,  whereof  the  owner  is  not 
knowne,  he  shall  give  notice  thereof  to  the  consta- 
ble o!  the  same  towne,  within  six  days,  who  shall 
enter  the  same  in  a  booke,  and  take  order  that  it 
bee  cryed  at  theire  next  lecture  day,  or  generall 
meeting  uppon  three  severall  dayes,  and  if  it  bee 
above  twenty  shillings  value,  at  the  next  markitt, 
or  two  next  townes  publique  meetinge,  where  no 
markitt  is  within  ten  miles,  uppon  paine,  that  the 
party e  so  finding,  and  the  said  constable  having  such 
notice,  and  failing  to  doe  as  is  heereby  appointed, 
to  forfeitt  either  of  them,  for  such  default,  one 
thirde  parte  of  the  value  of  such  straye,  or  lost 
goods. 

And  if  the  finder  shall  not  give  notice  as  afore- 
said, within  one  month,  or  if  hee  keepe  it  more  then 
three  months,  and  shall  not  aprize  it  by  sufficient 
men,  and  allso  record  it  with  the  register  of  the 
towne  where  it  is  found,  hee  shall  then  forfeitt  the  full 
value  thereof,  and  if  the  owner  appears  within  one 
yeare  after  such  publication,  hee  shall  have  restitu- 
tion of  the  same,  or  the  value  thereof,  hee  paying 
all  necessary  charges,  and  the  constable  for  his  care 
and  paines,  as  one  of  the  next  magistrates,  or  one 
of  the  townsmen  shall  adjudge  ;  and  if  no  owner 
appeare  within  the  time  prefixed,  the  said  straye  or 
lost  goods  shall  bee  thus  devided,  one  fourth  parle 
thereof  with  his  reasonable  charge,  shall  bee  to 
the  finder;  one  fifth  parte  thereof,  or  ten  shillings, 
to  the  constable,  at  the  choyce  of  the  courte,  and 
the  rest  to  the  commonwealth  ;  provided  there  bee 
three  streakes  dipt  in  the  haire  of  the  neare  but 
tock,  six  inches  long,  that  they  may  bee  knowne. 


SWYNE. 

Ft  is  ordered  by  this  courte,  That  all  the  swyne, 
either  hoggs  or  shoates,  in  the  severall  plantations, 
that  are  kept  at  home  within  the  towne,  shall  by 
September  next,  bee  ringed  or  yoaked,  or  kept  up 
in  thcire  yards,  under  the  penalty  of  foure  pence 
for  every  such  svvyne,  to  bee  paid  by  the  owner,  to 
the  party  that  sh*ll  take  the  swyne  so  defective,  and 
impound  them  ;  allso,  all  such  as  are  kept  by  heards 
in  the  woods,  shall  not  bee  suffered  to  abide  above 
one  nighte,  in  the  towne  ;  but  that  it  shall  bee  law- 
full  to  impound  them,  in  case  they  come  at  any  time 
home,  from  the  middle  of  March  to  the  middle  of 
November.  (Ffairefeild  and  Strattford  desire  to  bee 
included  in  this  order.) 

Ffor  the  better  preserving  corne  and  meadow  on 
the  east  side  of  the  Great  River ; 

It  is  ordered  by  this  conrte,  That  there  shall  no 
hoggs  nor  swyne  of  any  sorte  bee  put  over  thither, 
or  kept  there,  at  any  time  after  the  publishing  of 
this  order,  except  they  bee  kept  out  of  the  bounds 
of  the  severall  townes,  or  in  theire  yardes,  under 
the  penalty  of  two  shillings  a  head  for  every  hogg 
or  swyne,  for  every  time  they  shall  bee  found  there, 
contrary  to  this  order. 

TIMBER. 

It  is  ordered  by  this  courte,  That  no  timber  shall 
bee  felled  within  three  myles  of  the  mouth  of  Mat- 
tabeseck  river,  nor  at  unseasonable  times,  viz.  from 
the  beginning  of  Aprill  to  the  end  of  September ; 


and  that  it  be  improved  into  pipe-staves,  or  some 
other  merchantable  commodity,  within  one  month 
after  the  felling  thereof,  or  carted  together;  and 
that  the  timber  so  inproved,  shall  not  bee  trans- 
ported from  the  river,  but  for  discharge  of  debts, 
or  fetching  in  some  necessary  provision. 

TOBACKO. 

(forasmuch  as  it  is  observed,  that  many  abuses  are 
crept  in,  and  comitted,  by  freqnent  taking  of  to- 
backo. 

It  is  ordered  by  the  authority  of  this  Courts,  That 
no  person  under  the  age  of  twenty  one  years,  nor 
any  other,  that  hath  not  already  accustomed  him- 
selfe  to  the  use  thereof,  shall  take  any  tobacko, 
untill  hee  hath  brought  a  certificate  under  the  hands 
of  some  who  are  approved  for  knowledge  and  skill 
in  phisick,  that  it  is  usefull  for  him,  and  allso,  that 
hee  hath  received  a  lycense  from  the  courte,  for 
the  same. — And  for  the  regulating  of  those,  who 
either  by  theire  former  taking  it,  have,  to  theiro 
owne  apprehensions,  made  it  necessary  to  them,  or 
uppon  due  advice,  are  pursuaded  to  the  use  thereor 

It  is  ordered,  That  no  man  within  this  colonye, 
after  the  publication  hereof,  shall  take  any  tobacko, 
publiquely,  in  the  streett,  highwayes  or  any  barne 
yardes,  or  uppon  training  dayes,  in  any  open  pla- 
ces, under  the  penalty  of  six-pence  for  each  offence 
against  this  order,  in  any  the  perticulars  thereof,  to 
bee  paid  without  gainesaying,  uppon  conviction,  by 
the  testimony  of  one  witness,  that  is  without  just 
exception,  before  any  one  magistrate.  And  the 
constables  in  the  severall  townes.  are  required  to 


97 

make  presentment  to  eacn  perticular  courte,  of 
such  as  they  doe  understand,  and  can  evict  to  bee 
transgressors  of  this  order. 

TRESSPASSES. 

//  is  ordered  by  this  Courle  an d  authority  thereof  9 
That  if  any  horse  or  other  beast,  trespass  in  come, 
01  other  inclosure,  being  fenced  in  such  sorte  as 
secures  against  cowcs,  oxen,  small  calves,  and  such 
like  orderly  cattle,  the  party  or  parties  tresspassed, 
shall  procure  two  able  men  of  good  reporte  and 
credilt,  to  view  and  adjudge  the  harmes,  which  the 
owner  of  the  beast  shall  satisfie  (when  knowne)  up- 
pon  reasonable  demaund,  whether  the  beast  were 
impounded  or  n<  ;  but  if  the  owner  bee  knowne 
and  neare  residing,  as  in  the  same  towne,  or  the 
like,  notice  shall  bee  left  at  the  usuall  place  of  his 
aboade,  of  the  trespass,  before  an  estimation  bee 
made  thereof,  to  the  end  hee,  or  any  others  ap- 
pointed by  him,  may  bee  present  when  the  judge- 
ment is-made  ;  the  like  notice  allso,  shall  bee  left 
for  him,  of  the  dammage  charged  uppon  him,  that 
if  hee  approve  not  thereof,  hee  may  rcpaire  to  the 
select  townsmen,  or  some  of  them,  who  shall,  in 
such  case,  nominate  and  appoint  two  able  and  in- 
dillerent  men,  to  review  and  adjudge  the  said 
harmes,  which  being  forthwith  discharged,  togeth- 
er with  the  charge  of  the  notice,  former  and  latter 
view,  and  determination  of  dammages,  the  first  judge- 
men*  <o  bee  void,  or  else  to  stand  in  lawe. 

TREASURER. 

//  ?*  ordered,  That  the  Treasurer  shall  deliver  no 
monev  out  of  his  hands,  to  any  person,  without  the 
'  G  9 


Tiands  of  two  magistrates,  if  the  summ  bee  above 
twenty  shillings ;  if  it  bee  under,  then  the  Treas- 
urer is  to  accept  of  the  hand  of  one ;  but  if  it  bee 
for  the  payment  of  some  bills  to  bee  allowed,  which 
are  referred  to  some  comittees  to  consider  of, 
whether  allowed  or  not,  that  such  bills  as  they  al- 
lowe  and  sett  their  hands  unto,  the  Treasure/shall 
accept  and  give  satisfaction. 

VOATES. 

It  is  ordered  by  this  Courte,  and  decreed,  That  if 
any  person  within  these  liberties,  have  beene  or 
shall  bee  fyned  or  whipped  for  any  scandalous  of- 
fence, hee  shall  not  bee  admitted,  after  such  time, 
to  have  any  voate  in  towne  or  commonwealth,  nor 
to  serve  on  the  jury,  until!  the  courte  shall  manifest 
theire  satisfaction. 

VERDICTS. 

That  love  and  peace,  with  truth  and  righteousnes 
may  continue  and  flourish  in  these  confederated 
colonyes. 

It  was  uppon  the  recommendation  of  the  com 
missioners,  ordered,  that  any  verdict  or  sentence  of 
any  courte  within  the  colonyes,  presented  under 
authentique  testimony,  shall  have  a  due  respect  in 
the  severall  courtes  of  this  jurisdiction,  where 
there  may  be  occasion  to  make  use  thereof;  and 
shall  bee  accounted  good  evidence  for  the  partye, 
untill  better  evidence,  or  other  just  cause  appea re, 
to  alter,  or  make  the  same  voide;  and  that  in  such 
case,  the  issuing  of  the  cause  in  question,  bee  re 
spited  for  some  convenient  time,  that  the  courte 


may  be  advised  with,  where  the  verdict  or  sen- 
tence first  passed  ;  provided  notwithstanding,  that 
this  order  shall  bee  accounted  valid,  and  improved 
onely  for  the  advantage  of  such  as  live  within  some 
of  the  confederated  colonyes,  and  where  the  ver- 
dicts in  the  courts  of  this  colony,  may  receive  re- 
ciprocall  respect  by  a  like  order  established  by  the 
Generall  courte  of  that  colonye. 

WYNE  AND  STRONG  WATER. 

Whereas  many  complaints  are  brought  into  the 
courte,  by  reason  of  diverse  abuses  that  fall  out 
by  severall  persons  that  sell  wyne  and  strong 
water,  as  well  in  vessels  on  the  river,  as  allso  in 
severall  howses,  for  the  preventing  hereof, 

ft  is  now  ordered  by  the  authority  of  this  Courte, 
That  no  person  or  persons,  after  the  publishing  of  this 
order,  shall  neither  sell  wyne  nor  strong  water,  by 
retaile,  in  any  place  within  these  libberties,  with- 
out license  from  the  perticular  court  or  any  two  ma- 
gistrates, or  where  there  is  but  one  magistrate,  by 
a  magistrate  and  one  of  those  appointed  to  order  the 
alFaires  of  the  towne. 

WATCHES. 

It  is  ordered  by  this  Courte,  and  decreed,  That 
there  shall  bee  a  sufficient  watch  meinteined  in  ev- 
ery towne,  and  that  the  constable  of  each  towne 
shall  duely  warne  the  same,  and  see  that  the  inhab- 
itants or  residents,  doe  severally  in  theire  turnes, 
observe  the  same,  according  as  the  inhabitants  doe 
agree.  And  this  courte  doth  explaine  themselves, 
and  order,  that  whosoever  within  this  jurissdictiou, 


100 

that  is  lyable  to  watch,  shall  take  a  journeye  out 
of  the  towne  wherein  hee  liveth,  after  he  hath  had 
timely  notice  and  warninge  to  watch,  hee  shall 
provide  a  watchman  for  that  turne,  though  him- 
selfe  bee  absent;  and  if  any  man  that  takes  a  jour- 
nye,  or  goes  out  of  the  towne  wherein  hee  livetl\ 
if  hee  returne  home  within  a  weeke  after  the 
watch  is  past  his  howse,  hee  shall  be  called  back 
to  watch  that  turne,  past  a  weeke  before. 

And  for  the  better  keeping  watches  and  wardes, 
by  the  constables,  in  time  of  peace, 

It  is  ordered  by  this  Courle,  and  authority  thereof \ 
That  every  constable  shall  present  to  one  of  the 
next  magistrates,  the  name  of  every  person,  who 
shall  uppon  lawful!  warning,  refuse  or  neglect  to 
watch  or  ward,  either  in  person,  or  some  other, 
fitt  for  that  service;  and  if  being  convented,  hee 
cannott  give  a  just  excuse,  such  magistrate  shall 
graunt  warrant  to  levye  five  shillings  on  every 
such  offender,  for  every  such  default,  the  same 
to  bee  imployed  for  the  use  of  the  watch  of  the 
same  towne;  and  it  is  the  intent  of  the  lawe, 
that  every  person  of  able  body  (not  exempted 
by  lawe)  or  of  estate  to  hire  another,  shall  beoj 
lyable  to  watch  and  warde,  or  to  supplye  it  b) 
some  other,  when  they  shall  bee  thereunto  re- 
quired; and  if  there  bee,  in  the  same  howse,  di- 
verse such  persons,  whether  sonnes,  servants  or 
sojourners,  they  shall  all  be  cornpellable  to  watch, 
as  aforesaid ;  provided,  that  all  such  as  keepe 
families  at  theire  farmes,  being  remoate  from  any 
towne,  shall  not  be  compellable  to  send  theire 
servants  or  sonnes  from  their  farrnes,  to  watch 
and  warde  in  the  townes. 


101 

WOLVES. 

Whereas  great  loss  and  dammage  doth  befall  this 
Commonwealth,  by  reason  of  wolves,  which  de- 
stroy great  numbers  of  our  cattle,  notwithstanding 
provision  formerly  made  by  thiscourte  for  supres- 
sing  of  them ;  therefore,  for  the  better  incourage* 
mentof  any  to  sett  about  a  worke  of  so  great  con- 
cernement, 

//  is  ordered  by  this  Courte,  and  authority  thereof, 
That  any  person,  either  English  or  indian,  that  shall 
kill  any  wolfe  or  wolves,  within  ten  myles  of  any 
plantation  within  this  jurissdiction,  shall  have  for 
every  wolfe  by  him  or  them  so  killed,  ten  shillings 
paid  out  of  the  Treasurye  of  the  country;  provid- 
ed, that  due  proofe  be  made  thereof,  unto  the  plan- 
tation next  adjoining  where  such  wolfe  or  wolves 
were  killed;  and  allso,  bring  a  certificate  under 
some  magistrates  hand,  or  the  constable  of  that 
place,  unto  the  Treasurer. 

WRECKS  OF  THE  SEA. 

It -is  ordered  and  decreed,  and  by  this  court  declar- 
ed, That  if  any  shipps  or  other  vessells,  bee  it  fFreind 
or  enemye,  shall  suffer  shipwreck  upon  our  coasts, 
(here  shall  be  no  violence  or  wrong  offered  to 
theire  persons  or  goods,  but  theire  persons  shall  be 
harboured  and  icleivcd,  and  theire  goods  preserved 
in  safety,  till  authority  may  bee  certified,  and  shall 
take  further  order  therein. 


102 


VESSELLS. 

ft  is  ordered  by  this  Cowrie,  and  authority  thereof, 
That  no  vessell  nor  boat,  shall  have  libberty  to  goe 
from  any  porte  in  any  town*  within  this  jurissdie- 
tion,  before  they  have  entred  with  the  register  or 
recorder,  in  each  towne,  what  quantity  of  powder 
and  shott  they  carry  forth  with  them  in  theire  said 
vessells,  and  shall  take  a  certificate  under  the  said 
registers  or  recorders  hand,  of  the  same,  paying  to 
him  for  every  certificate,  four  pence  ;  and  if  any 
vessell  shall  attempt  to  goe  from  the  said  towne  or 
porte,  or  townes  and  portes,  before  hee  hath  entred 
as  aforesaid,  or  shall  be  found  with  any  more  or 
greater  quantity  of  powder  and  shott,  aboard  the 
vessell  or  vessells,  then  they  had  a  certificate  to 
shew  they  had  entred,  shall  forfeit  and  pay  for 
each  default,  the  true  value  of  all  such  powder  and 
shott  as  they  should  have  entred  as  aforesaid  :  And 
all  such  persons,  or  masters  of  such  vessells,  shall 
give  a  true  account  uppon  theire  return,  to  the  said 
recorder,  where  they  have  entered  the  premises, 
how  they  have  disposed  thereof,  uppon  the  former 
penalty :  And  if  the  said  towne  register,  or  record- 
er, shall  have  just  cause  to  conceive  that  hee  or 
they  carry  forth  more  of  the  premises,  then  in  an 
ordinary  way,  is  requisite  for  their  necessary  de- 
fence and  safety  in  theire  intended  voyage,  then  the 
said  persons  01  masters  of  vessells,  shall  give  in  se- 
curity unto  the  said  recorder,  if  by  him  required 
thereunto,  that  hee  shall  give  a  due  account  to  this 
commonwealth,  of  the  same,  uppon  his  rcturne. 


< 

NEW -HAVEN  ANTIQUITIES. 

OR 

&AW8* 


EXTRACTED    FROM  THE    ANCIENT    RECORDS    OF 
HAVEN. 


At  a  Court  held  at  New- Haven,  A.  D.  J643. 

Andrew  Low,  jun.  for  breaking  into  Mr.  Ling's 
house,  where  he  brake  open  a  cupboard  and  took 
from  thence  some  Strong  Water,*  and  6d.  in  mon- 
ey, and  ransackt  the  house  from  roome  to  roome, 
and  left  open  the  doors,  for  which  fact  being  com 
mitted  to  prison  brake  forth  and  escaped,  and  still 
remains  horrible  obstinate  and  rebellious  against 
his  parents,  and  incorrigible  under  all  the  means 
that  have  been  used  to  reclaim  him.  Whereupon 
it  was  ordered  that  he  shall  be  as  severely  whipt  as 
the  rule  will  bare,  and  work  with  his  father  as  a 
prisoner  with  a  lock  upon  his  leg  so  that  he  may 
not  escape. 

December  3d,  1651. 

It  was  propounded  that  some  safer  way  might  be 
found  out  to  Connecticote,  that  the  danger  of  tha 
East  River  may  be  avoyded.  The  new  waye  w*i 

*  Rum. 


104 

desired  to  be  yiewed  again,  as  William  Bradley  of- 
fered  to  lend  his  cannow  to  lie  in  the  East  River,  if 
the  town  will  find  ropes  to  draw  it  to  and  agayne. 

Jit  a  Court,  held  May  1,  1660. 

Jacob  M.  Murlineand  Sarah  Tuttle  being  called 
appeared,  concerning  whom  the  Governor  declar- 
ed, that  the  business  for  which  they  were  warned 
to  this  court  he  had  heard  in  private  at  his  house, 
which  he  related  to  stand  thus. 

On  the  day  that  John  Potter  was  married  Sarah 
Tuttle  went  to  Mistress  Murline's  house  for  some 
thredd,  Mistress  Murline  bid  her  go  to  her  daugh- 
ters in  the  other  roome,  where  they  felle  into 
speeche  of  John  Potter  and  his  wife,  that  they  were 
both  lame,  upon  which  Sarah  Tuttle  said,  that  she 
wondered  what  they  would  do  at  night.  Whereup- 
on Jacob  came  in,  and  tooke  up  or  tooke  away  her 
gloves.  Sarah  desired  him  to  give  her  the  gloves, 
to  which  he  answered  he  would  do  so  if  she  would 
give  him  a  kysse,  upon  which  they  sat  down  togeth- 
er, his  arme  being  about  her  waiste,  and  her  arme 
upon  his  shoulder  or  about  his  necke,  and  he  kys- 
srd  her  and  she  kyssed  him,  or  they  kyssed  onean- 
other,  continuing  in  this  posture  about  half  an  hour, 
as  Marian  and  Susan  testified,  which  Marian,  now 
in  court,  affirmed  to  be  so. 

Mistress  Murline,  now  in  court  said  that  she 
heard  Sarah  say  she  wondered  what  they  would  do 
at  night,  and  shee  replyed  they  must  sleep ;  but  it 
was  matter  of  sorrow  and  shame  unto  her. 

Jacob  was  asked  what  he  had  to  say  to  these 
things,  to  which  he  answered  that  he  was  in  the  oth« 
er  roome,  and  when  he  heard  Sarah  speak  those 
words,  he  went  in,  when  ghee  having  let  fall  her 


105 

gloves  he  tooke  them  up  and  she  askea  mm  fbr 
them,  he  told  her  he  would  if  she  would  kysse  him. 
Further  said  hee  tooke  her  by  the  hand,  and  they 
both  sat  down  upon  a  chest,  but  whether  his  arme 
were«bout  her  waiste,  and  her  arm  upon  his  shoul- 
der or  about  his  neck,  he  knows  not,  for  he  never 
thought  of  it  since,  till  Mr.  Raymond  told  him  of  it 
at  Mannatos  for  which  he  was  blamed  and  told  he 
had  not  layde  it  to  heart  as  he  ought.  But  Sarah 
Tuttle  replied  that  shee  did  not  kysse  him.  Mr. 
Tuttle  replied  that  Marian  hath  denied  it,  and  he 
doth  not  looke  upon  her  as  a  competent  witness. 
Thomas  Tattle  said  that  he  asked  Marian  if  his  sis- 
ter kyssed  Jacob,  and  she  said  not.  Moses  Mans- 
field testified  that  he  told  Jacob  Murline  that  he 
heard  Sarah  kyssed  him,  but  he  denied  it.  But  Ja- 
cob graunted  not  what  Moses  testified. 

Mr.  Tuttle  pleaded  that  Jacob  had  endeavoured 
to  steal  away  his  daughter's  affections.  But  Sarah 
being  asked  if  Jacob  had  inveagled  her,  she  said 
no.  Thomas  Tuttle  said  that  he  came  to  their 
house  two  or  three  times  before  he  went  to  Hol- 
land, and  they  two  were  together,  and  to  what  end 
he  came  he  knows  not,  unless  it  were  to  inveagle 
her.  And  their  mother  warned  Sarah  not  to  keep 
company  with  him.  And  to  the  same  purpose 
spake  Jonathan  Tuttle.  But  Jacob  denied  that  he 
came  to  their  house  with  any  such  intendment,  nor  did 
it  appeare  so  to  the  court. 

The  Governor  told  Sarah  that  her  miscarriage  is 
the  greatest,  that  a  virgin  should  be  so  bold  in  the 
presence  of  others  to  carry  it  as  she  had  done,  and 
to  speake  suche  corrupt  words,  most  of  the  things 
charged  against  her  being  acknowledged  by  herself, 
though  that  about  kyssirg  is  denied,  yet  the  thing 
is  prooved.  Sarah  professed  that  she  was  sorry  that 


106 

shce  had  carried  .t  so  sinfully  and  foolishly,  whicb 
she  saw  to  be  hateful.  She  hoped  GOD  would 
help  her  to  carry  it  better  for  tune  to  come. 

The  Governor  allso  told  Jacob  that  his  carriage 
hath  been  very  evil  and  sinful  so  to  carry  it  towards 
her,  and  to  make  such  a  light  matter  of  it  as  not  to 
think  of  it,  (as  he  exprest,)  doth  greatly  aggravate, 
and  for  Marian,  who  was  a  married  woman,  to  suf- 
fer her  brother  and  a  man's  daughter,  to  sit  almost 
half  an  hour  in  such  a  way  as  they  have  related  was 
a  very  great  evil.  She  was  told  that  she  should 
have  showed  her  indignation  against  it,  and  have 
told  her  mother,  that  Sarah  might  have  been  shut 
out  of  doors.  Mrs.  Marline  was  told  that  she,  hear- 
ing such  words,  should  not  have  suffered  it.  Mrs. 
Tuttle  and  Mrs.  Murline  being  asked  if  they  had  anv 
more  to  say  they  said  no. 

Whereuppon  the  court  declared,  that  we  have 
heard  in  the  Publique  Ministry  that  it  is  a  thing  to 
be  lamented,  that  young  people  should  have  their 
meetings  to  the  corrupting  of  themselves  and  one 
another.  As  for  Sarah  Tuttle  her  miscarriages  are 
very  great,  that  she  should  utter  so  corrupt  a 
gpeeche  as  she  did  concerning  the  persons  to  be 
married,  and  that  she  should  carry  it  in  such  a  wan- 
ton, uncivil,  immodest  and  lascivious  manner  as 
hath  been  proved.  And  for  Jacob  his  carriage  hath 
been  very  corrupt  and  sinful,  such  as  brings  reproach 
upon  the  family  and  place. 

The  sentence  therefore  concerning  them  is,  that 
they  shall  pay  either  of  them  as  a  fine  20s.  to  the 
Treasurer. 


107 

A  Court  holden  3d  November,  1 639. 

It  is  ordered,  that  Mr.  Hopkins  shall  have  two 
hogsheads  of  lime  for  his  present  use,  and  as  much 
more  as  will  finish  his  house  as  he  now  intends  itt, 
he  thinking  that  two  hogsheads  more  will  serve. 

It  is  ordered,  that  a  meeting-house  shall  be  built 
forthwith,  fifty  foote  square ;  and  that  the  carpenters 
shall  fall  timber  where  they  can  finde  it  till  allot- 
ment be  laved  ont,  and  men  know  ther  own  pro- 
prietyes. 

It  is  ordered,  that  Mr.  Gregson  and  Mr.  Evance 
shall  have  fower  dayes  liberty  after  this  day  to 
square  their  timber,  before  the  former  order  shall 
take  hold  of  them. 

It  is  ordered,  that  Mr.  Eaton,  Mr.  Dtvenport, 
Robt.  Newnan,  Matthew  Gilbert,  Capt.  Turner 
and  Thomas  Fflugill  shall  rom  hence  forward  have 
the  disposing  of  all  the  hor  se  lotts,  yett  undisposed 
of,  about  this  towne,  to  st  :h  persons  as  they  shall 
judge  meete  for  the  good  of  the  plantation;  and 
thatt  none  shall  come  to  dwell  as  planters  here 
without  their  consent  and  allowance,  whether  they 
come  in  by  purchase  or  otherwise. 

It  is  ordered,  that  every  one  thatt  beares  armea 
shall  be  compleatly  furnished  with  armes,  (viz)  a 
muskett,  a  sword,  vandaleers,  a  rest,  a  pound  of 
powder;  20  bullets  fitted  to  their  muskett,  or  4 
pound  of  pistoll  shott,  or  swan  shott  att  least,  and 
be  ready  to  show  them  in  the  market  place  upon 
Monday  the  6th  of  this  moneth,  before  Captaiiie 
Turner  and  Lieutenant  Seeley,  under  the  penalty  of 
20s  fine  for  every  default  or  absence. 

A  Court  holden  the  4/A  of  December,  1639. 
It  is  ordered  that  Thomas  Saule  shall  agree  with 
Goodman  Spinnage  before  the  next  Court,  or  else 


10ft 

the  Court  will  determine  the  difference  between 
them. 

Roger  Duhurst  and  James  Stewart  are  enjoyneb 
to  make  double  restitution  to  John  Cockerill  for 
five  pound  and  seventeen  shillings,  which  they  stole 
out  of  his  chist  on  the  Lords  day  in  the  meeting 
time,  and  they  being  servants  to  the  said  Cockerill, 
for  which  aggravation  they  were  whipped  also. 

Thomas  Manchester,  servent  to  Mr.  Perry,  being 
accused  by  his  master  for  being  drunk,  and  for  giv- 
ing his  master  uncomely  language,  for  which  his 
master  having  given  him  some  correction,  the 
Court  (only  )  caused  him  to  be  sett  in  the  stocks  for 
a  certain  time. 

Nicholas  Tamer,  servant  to  the  said  Mr.  Perry, 
for  drunkenness  and  abusing  his  master  in  words, 
was  whipped. 

A  General  Court  4th  of  January •,   1639. 

Tt  is  agreed  by  the  towne,  and  accordingly  order- 
ed by  the  Courte,  that  the  Neck  shall  be  planted 
or  sown  for  the  term  of  seven  years,  and  that  John 
Brockett  shall  goe  about  laying  it  out,  for  which, 
and  all  differences  betwixt  party  and  party  about 
ground  formerly  broke  up  and  planted  by  English 
there,  shall  be  arbitrated  by  indifferent  men,  which 
shall  be  chosen  to  that  end. 

It  is  ordered,  that  some  speedy  course  shall  be 
taken  to  keep  hogs  out  of  (he  neck. 

It  is  ordered,  that  a  convenient  way  to  the.  Hay 
place  be  left  comon  for  all  the  towne. 

It  is  ordered,  that  no  cattell  belonging  to  this 
towne  shall  goc  without  a  keeper  after  the  first  of 
May  next. 


109 

A  Cfnerat  Court,  5th  February,  1639. 

It  is  ordered,  thatt  brother  A-vlrews,  bro.  Kim- 
berly.  Win.  Enos  and  Sergeant  Beckley  shall  assist 
Mr.  Ling  to  ripen  Goodman  Tap's  business  against 
the  next  Courte,  concerning  his  demands  of  certain 
monyes  which  he  disbursed  for  bringing  cattell  from 
the  Bay,  appertaining  to  divers  persons. 

It  is  ordered,  that  brother  Andrews  shall  detaine 
so  much  of  Robt.  Campion,  his  wages  in  his  hands, 
as  may  secure  a  debt  of  3lb  which  Mr.  Moulend  de- 
maunds  of  the  said  llobt. 

It  is  ordered,  that  Mr.  Moulend  shall  pay  to  Mr. 
Perry  20s  which  he  owes  to  him. 

It  is  ordered,  that  Mr.  Wilkee  shall  pay  5  bushells 
and  a  halfe  of  Indian  corne  to  Thomas  Buckingham, 
for  corne  destroyed  by  Mr.  Wilkshis  hogs. 

Isaiah,  Captaine  Turner's  man,  lined  bib  for  be- 
ing drunk  on  the  Lords  day. 

Win.  Bromrield  Mr.  Malbon's  man  was  sett  in  the 
stocks  for  prophaning  the  Lord's  day  and  stealing 
wine  from  his  master,  which  he  drunk  and  gave  to 
others. 

Ellice,  Mr.  Eaton's  boy,  was  whipped  for  stealing 
a  sow  and  a  goate  from  his  master,  and  selling  them. 

David  Anderson  was  whipped  for  being  drunke. 

John  Fenner,  accused  for  being  drunke  with 
strong  waters,  was  acquitted,  itt  appearing  to  be 
of  infirmity,  and  occasioned  by  the  extremity  of  the 
cold. 

Mr.  Moulend  accused  of  being  drunke,  but  nott 
clearly  proved,  was  respited. 

Peter  Browne,  Liri  nsed  to  bake  to  sell,  so  long 
as  he  t^ives  no  offence  in  it  justly. 

18/A  February,  1039. 

Joun  Charles  forbidden  to  draw  wine,  because 
there  liath  been  much  disorder  by  ill. 


110 

Leone  was  whipped  and  sent  out  of 
's>  olantaiion,  being  not  onely  a  disorderly  person 
Vimselfe,  butt  an  tncourager  of  others  to  disorderly 
drinking  meetings. 

George  Spencer  being  prophane  and  disorderly 
fi  his  whole  conversation,  and  an  abettor  of  others 
V)  sin,  and  drawing  on  others  in  to  a  conspericie  to 
carry  away  the  Cock  to  Virgenia,  was  whipped  and 
sent  out  of  the  plantation. 

John  Proute,  Hen.  Brasierand  William  Brom- 
field  was  whipped  for  joyning  in  the  aforesaid  con- 
spcricie,  and  the  said  Hen.  and  Wm.  were  ordered 
to  weare  irons  during  the  magistrate's  pleasure* 

A  Courte  holden  the  1st  of  Jufy,    1640. 
Thomas    Parsons   and    John  •  servants  to 

Elias  Parkmore,  were  whipped  for  their  sinful!  dal 
liance  and  folly  with  Lydia  Browne 

f>th  August,  1 640. 

It  is  ordered,  that  none  in  this  plan^tione  shall  ei 
ther  sell  or  lett  a  lott  to  any  stranger,  for  years,  with 
out  allowance  from  the  Courte. 

It  is  ordered  thatt  att  this  day,  every  yeare  all 
the  Ram  Goates  in  the  towne  shall  either  be  side 
stringed,  or  some  other  Course  taken  with  them  so 
as  they  cannot  Ram  the  Ewes  till  the  fittest  season. 

A  Court  held  at  New-Haven  the  3d  of  the  1th  month, 
1642. 

Matthew  Willson  for  killing  a  dog  of  Mr.  Perry% 
willfully  and  disorderly,  fined  20s  for  his  disorder, 
and  ordered  to  pay  20*  damage  to  Mr  Perry,  which 
40*  Edward  Chippcrtield  undertooke  to  see  pay'd 
by  the  last  of  September  next. 

John  Lobell  the  Miller,  for  sinful!  dalliance  with 
A  little  wench  of  Goodman  Halls,  was  whipped. 


Ill 

• 

Bth  month,   1642. 

Tt  is  ordered,  thatt  whosoever  findes  any  things 
thatt  are  Lost  shall  deliver  them  to  the  Marshall, 
to  be  kept  safe  till  the  owners  challenge  them. 

jfezc'Haven,  %id  JVoremAer,  1642. 

Jeruas  Boy  kin  is  ordered  to  pay  unto  George 
Badcocke  the  sum  of  20s  for  taking  his  cannow 
without  leave. 

It  is  ordered,  thatt  those  who  have  their  ffarmea 
att  the  River,  Called  stony  River,  shall  have  Liber- 
ty to  make  a  sluice  in  the  River  for  their  owne  con- 
venience. 

1th  Decfmber,  1642. 

Fforasmuch  as  John  Owen  hath  had  some  damage 
done  in  his  corne  by  hogs,  occasioned  through  the 
neglect  of  Mr.  Lamberton,  John  Bud  and  Will  Pres- 
ton, in  not  makeing  up  their  fence  in  season,  It  is 
therefore  ordered,  thatt  the  said  Mr.  Lamberton, 
John  Bud  and  Will  Preston  shall  make  Satisfaction 
to  the  said  John  Owen,  for  the  damage  done;  (viz.) 
Eight  days  worke  and  two  Pecks  of  Corne,  which 
is  to  be  payd  according  to  the  several  apportions  of 
ffence  unset  up  respectively. 

1st  of  1st  month,  1643. 

John  Lawrence  and  Valentine,  servants  to  Mr. 
Malbon,  for  Imbezilling  their  masters  Goods,  and 
keeping  disorderly  night  Meetings  with  Will  Hard- 
ing, a  Lewd  and  disorderly  person,  plotting  with 
him  to  carry  their  master's  daughters  to  the  farmes 
in  the  night,  concealing  divers  uricleane  filthy  dal- 
liances; all  which  they  confessed  and  was  whip* 
ped. 


112 

Ruth  Acie,  a  Covenant  servant  to  Mr.  Malbon, 
for  stubornes,  lyeing,  stealing  from  her  Mrs.  and 
yeilding  to  filthy  dalliance  with  Will  Harding,  was 
whipped. 

Martha  Malbon,  for  consenting  to  goe  in  the 
night  to  the  farmes  with  Will  Harding,  to  a  venison 
feast,  for  stealing  things  from  her  parents,  and  yield- 
ing to  filthy  dalliance  with  the  said  Harding,  was 
whipped. 

Goodman  Hunt  and  his  Wife,  for  keepeing  the 
Councells  of  the  said  William  Harding,  Bakeing 
him  a  Pastry  and  Plum  Cakes,  and  keeping  Compa- 
ny with  him  on  the  Lord's  day,  and  she  suffering 
Harding  to  kisse  her,  they  being  onely  admitted  to 
sojourn  in  this  Plantation  upon  their  good  behav- 
ior, was  ordered  to  be  sent  out  of  this  towne  with 
in  one  moneth  after  the  date  hereof;  yea.  in  a  shor- 
ter time;  if  any  miscarryage  be  found  in  them. 

At  a  Court  held   at  New-Haven,  September  2,  A.  D. 

1662. 

Edmund  Dorman,  plaintiff,  entered  an  action  of 
slaunder  or  defamation  against  Jeremiah  Johnson, 
defendant.  The  plaintiff  informed  against  him 
that  he  had  heard  that  J.  Johnson  had  reported  at 
John  Olvarde's  house,  that  he  heard  Dorman  at 

Srayer  in  a  swamp  for  a  wife,  and  being  asked  by 
ohn  Olvarde  who  the  person  was,  he  answered  that 
it  was  his  mare.     And  there  was  other  circumstan- 
ces of  scoffing,  &c. 

The  defendant  was  asked  whether  he  graunted 
the  thing  or  denied.  The  defendant  desired  proof 
and  that  the  witnesses  might  speake  apart.  John 
Olvarde  was  first  called,  who  testified  that  Johnson 
being  at  his  house,  he  heard  him  say,  that  he  heard 
Edmund  Dorman  at  prayer  in  a  swamp,  (by  John 


113 

Downes's,)  for  a  wife;  and  sayde,  'Lord  thou 
knowest  rny  necessitie  and  canst  supplie  it.  Lord 
bend  and  bow  her  wille,  and  make  her  sensible  of 
my  condition  or  necessitie.'  He  asked  Jeremiah 
who  it  was  :  he  answered  it  may  be  his  mare,  that 
she  might  be  made  servissable.  John  Olvarde 
being  asked  when  it  was,  he  said  it  was  since  har- 
vest. 

Stephen  Bradley  being  called  also  testified  the 
same  thing.  The  defendant  being  asked  what  he 
had  to  say  for  himself,  said  he  thought  Bradley  did 
it  out  of  revenge.  But  he  was  told  he  must  prove 
him  a  false  person  upon  record,  or  perjured,  or  that 
he  doth  it  out  of  revenge  at  this  time.  The  de- 
fendant further  said  he  did  expect  some  other  per. 
sous  that  was  present  at  John  Olvarde's  would  have 
been  here,  therefore  did  refuse  to  make  his  defence 
further  at  this  time;  and  desired  that  the  witnesses 
might  not  be  sworn. 

Then  Jeremiah  was  told  that  it  is  a  fearful  thing 
to  come  to  that  height  of  sin,  as  to  sit  in  the  seat 
of  the  s'corner.  Therefore  the  court  told  him  they 
should  defer  this  business,  and  warned  him  to  at- 
tend the  next  particular  court  to  give  answer  here- 
unto. 

December  3d,  1651. 

Will  Harding  being  convicted  of  a  great  deal  of 
base  carriage  with  divers  yonge  girls,  together  with 
enticing  and  corrupting  divers  rnen  servants  in  this 
plantation,  haunting  with  them  at  night-meetings 
and  juncketings,&c.  was  sentenced  to  be  severely 
whipped,  and  fined  5/t  to  Mr.  Malbone,  and  5l.  to 
Will  Andrews  whose  famylycs  and  daughters  he 
hath  so  much  wronged,  and  presently  to  depart  the 
plantation,  and  not  to  retourne  under  the  penalty 
of  severer  punish:«ent. 

10 


114 

1642.  Samuel  Hoskins  and  Elizabeth  Cleverly 
being  desirous  to  join  together  in  the  state  of  mar- 
riage, and  not  being  able  to  make  proof  of  their 
parent's  consent,  but  seeing  they   both   affirm  they 
have   the    consent    of  their  parents,    and    withall 
having  entered  into  contract,  and  sinfully  and  wick- 
edly made  themselves  both  unfit  for  any  other,  and 
for  which  they  have  both  received   Publique  cor- 
rection,  upon   these   considerations   granted  them 
liberty  to  marry. 

1643.  Margaret    Bedforde   being  convicted   of 
divers  miscarriages,  was  severely  whipped,  and   or- 
dered to  be  married  to  JSicholas  Jennings  with  whom 
she  hath  been  naught. 


The  following  is  the  most  ancie.nl  record  of  ike  Colo- 
ny of  N<w  Haven,  and  is  a  curiosity  in  the.  history 
of  civil  government, 

THE  4th  day  of  the  4th  moneth,  called  June,  1039,  all  the 
free  planters  assembled  together  in  a  general  meetinge.  to 
consult  about  settling  civil  government  according  to 
(JOI),  and  about  the  nomination  of  persons  that  may  be 
found  by  consent  of  all  fittest  in  all  respect's  for  the  f'oiin 
datiori  work  of  a  Church  which  was  intended  to  be  gather- 


ed  in  Qnini| 

eck.     After  sollemne  invocation  of  the  name 

of  <;<>!>  in  | 

rayer,  for  the  presence  and  help  of  his  spirit 

and  grace  ii 

these  weighty  businesses,  they  were  retnin 

drd  of  the  It 

isiriess  whereabout  they  met  (viz)  for  the  es 

tablishment 

)f  such  civ 

1  order  as  might  lie  most  pleasing 

nmo    (.'(  >D.    and    for  tl 

e  clmsing  the  fittest  men  for  the 

foundation  work  of  a 

church  to  be  gathered.     For  the 

better  enabling  them  U 

discerne  tiie  minde  of  UOI),  and 

to  agree  accordingly  co 

icerning  the  e5fablishment  of  civil 

or*'*1!-     Mr.   John    Dave 

iport    propounded   divers  qwrifs 

Unto  them,  public);  ly  j>n 

yiiiirthem  to  consider  seriously  in 

115 

fW  presence  and  foarft  of  GOD  thfi  weight  o 
they  met  about,  and  not  to  he  rash  or  sleight  in  jr'iving  their 
votes  to  things  they  understood  not,  bin  to  digest  fully  ami 
thoroughly  what  should  be  pr<i|wmuded  unto  them"  and 
xvithout  respect  to  men,  as  they  should  be  satisfied  and 
porswaded  in  their  own  minds  to  give  their  answers  in 
such  sort  as  they  would  be  willing  they  should  stand  upon 
record  for  posterity. 

This  being  earnestly  expressed  by  Mr.  Davenport,  Mr. 
Robert  Newman  was  intreated  to  write  in  charractera 
and  to  read  distinctly  and  audibly  in  the  hearing  of  all 
the  people,  what  was  propounded  and  accorded  on,  that 
it  might  appear  that  all  consented  to  matters  propounded 
according  to  words  written  by  him. 

Qurere  1.  Whether  the  Scriptures  doe  holde  fourth  a 
perfect  rule  for  the  direction  and  government  of  all  men 
in  all  duteyes  which  they  are  to  perform  to  GOD  and 
men  as  well  in  the  government  of  fa:nylyes  and  common- 
wealths as  in  matters  of  the  church? 

This  was  assented  unto  by  all,  no  man  dissenting,  as  waa 
expressed  by  holding  up  of  hands.  Afterwards  it  waa 
read  over  to  them,  that  they  might  see  in  what  wordes 
their  vote  was  expressed  :  they  againe  expressed  their 
consent  thereto  by  holding  up  their  hands,  no  man  dis- 
senting. 

(iutere  2.  Whereas  there  was  a  covenant  sollemnely 
made  by  the  whole  assembly  of  free  planters  of  this  plan- 
tation, the  first  day  of  extraordinary  humiliation  that  we 
had  after  we  came  together,  that  as  in  matters  that  con- 
cern the  gathering  and  ordering  of  a  church,  so  likewise 
in  all  piihlique  offices,  which  concern  civil  order,  as 
rhoyce  of  magistrates  and  officers,  making  and  repealing 
of  laws,  divideing  allotments  of  inheritances,  and  all 
things  of  like  nature  we  would  all  of  us  be  ordered  by 
those  rules  which  the  scripture  holds  forth  to  us.  This 
covenant  was  called  a  plantation  covenant  to  distinguish 
it  from  a  church  covenant,  which  could  not  at  that  time 
he  made,  a  church  not  being  then  gathered,  but  was  de- 
ferred till  a  church  might  be  gathered  according  to  GOD. 
It  was  demanded  whether  all  the  free  planters  doe  holde 
themselves  bound  by  that  covenant  in  all  business  of  that 
nature  which  are  expressed  in  the  covenant,  to  submit 
themselves  to  be  ordered  by  the  rules  which  are  held 
forth  in  the  scripture. 


116 

This  also  was  assented  unto  by  all,  and  no  man  gain- 
•aied  it,  and  they  did  testify  the  same  by  holding  up  their 
handes,  both  when  it  was  first  propounded,  and  af- 
terwards confirmed  the  same  by  holding  up  their 
hands  when  it  was  read  unto  them  in  publique.  John 
Clark  being  absent  when  the  covenant  was  made  doth 
now  manifest  his  consent  to  it.  Also  Richard  Beach,  Ait- 
drew  Low,  Goodman  Bamster,  Arthur  Halbidge,  John 
Potter,  Richard  Hill,  John  Brockett,  and  John  Johnson, 
these  persons  being  not  admitted  planters  when  the  cove- 
nant was  made  doth  now  expresse  their  consent  to  it. 

Quaere  3.  Those  who  have  desired  to  be  received  as 
free  p'anters  and  are  settled  in  the  plantation  with  a  pur- 
posed resolution  and  desire  that  they  may  be  admitted 
into  church  fellowship,  according  to  Christ,  as  soon  as 
GOD  shall  fitt  them  thereunto,  were  desired  to  expresse 
it  by  holding  up  of  hands,  accordingly  all  did  express, 
this  to  be  their  desire,  and  purpose  by  holding  up  theii 
hands  twice,  (viz)  both  at  the  proposal  of  it,  and  aftei 
when  these  written  words  were  read  unto  them. 

Quaere  4.  All  the  free  planters  were  called  upon  to 
express  whether  they  held  themselves  bound  to  establish 
such  civil  order  as  might  best  conduce  to  the  securing 
the  purity  and  peace  of  the  ordinances  to  themselves  and 
their  posterity,  according  to  GOD.  In  answer  hereunto 
they  expressed  by  holding  up  their  hands  twice  as  before. 
That  they  helde  themselves  bound  to  establish  such  civil 
order  as  might  best  conduce  to  the  ends  aforesaid. 

Then  Mr.  Davenport  declared  unto  them  by  the  scrip- 
tures what  kind  of  persons  might  best  be  trusted  with 
matters  of  government,  and  by  sundry  arguments  from 
scripture  proved  that  such  as  were  described  Ex.  18.  I. 
Dent.  1.  13.  with  Dcut.  19.  15.  and  1  Cor.  6.  1  to  7,  ought 
to  be  entrusted  by  them,  seeing  they  were  free  to  cast 
themselves  into  that  mould  and  forme  of  commonwealth 
which  appeareth  best  for  them  in  reference  to  the  secure- 
ing  the  pure  and  peaceable  enjoyment  of  all  Christ  his 
ordinonces  in  the  church  according  to  GOD,  whereunto 
they  have  bound  themselves  as  hath  been  acknowledged. 
Having  said  this  he  sat  down,  praying  the  company  free- 
ly to  consider  whether  they  would  have  it  voted  at  this 
time  or  not.  After  some  space  of  silence  Mr.  Theophilus 
Eaton  answered  it  might  be  voted,  and  some  others  also 


117 

spake  to  the  earne  purpose,  none  at  all  opposing  it.  Then 
it  was  propounded  to  vote. 

Qua*  re  5.  Whether  free  Burgesses  shall  be  chosen  out 
of  Church  members,  they  that  are  in  the  foundation  work 
of  the  clinch  being  actually  free  burgesses,  and  to  chuse 
to  themselves  out  of  the  like  estate  of  church  fellowship, 
ami  the  power  of  chusing  magistrates  and  officers  from 
among  themselves  and  the  power  of  making  and  repeal- 
ing laws  according  to  the  word,  and  the  dividing  of  inhe- 
ritances, and  the  deciding  differences  that  may  arise,  arid 
all  the  businesses  of  like  nature  are  to  be  transacted  by 
those  free  burgesses. 

This,(viz.  Quaere  5.)  was  put  to  vote,  and  ajrreed  unto  by 
the  lifting  up  of  hands  twice,  as  in  the  former  cases  it  was 
done.  Then  one  man  stood  up  after  the  vote  was  past, 
and  expressing  his  dissenting  from  the  rest,  in  that  yet 
granting,  1.  That  magistrates  should  be  men  fearing 
GOD,  2.  That  the  Church  is  the  company  whence  ordi- 
narily such  men  may  be  expected.  3.  That  they  that 
chuse  them  ought  to  be  men  few  ring  GUI),  onelye  at  this 
he  stucke,  That  free  planters  ought  not  to  give  the  power 
out  of  their  hands. 

Another  stood  up  and  answered  that  in  this  case  nothing 
was  done  but  with  their  consent.  The  former  answered 
that  all  the  free  planters  ought  to  resume  this  power  into 
their  own  hands  again  if  tilings  were  not  orderly  carried. 
Mr.  Theophilus  Eaton  answered  that  in  all  places  they 
chuse  committees.  In  like  manner  the  companys  of  Lon- 
don chuse  the  livery?  bv  whom  the  publiqne  magistrates 
are  chosen.  In  this  the  rest  are  not  wronged  :  because 
they  expect  to  he  of  the  livery  themselves,  and  to  have  the 
same  power.  Some  others  intreated  the  former  to  give 
his  arguments  and  reasons  whereupon  he  dissented.  He 
refused  to  doe  it,  and  said  they  might  not  rationally  de- 
nii.und  it,  seeing  he  let  the  vote  pass  on  freely,  and  did 
not  speak  till  after  it  was  past  because  he  would  not  hin- 
der what  they  agreed  upon.  Then  Mr.  Davenport,  aftor 
a  short  relation  of  some  former  passages  between  them 
two  about  this  question,  prayed  the  company  that  no- 
thing might  be  concluded  by  them  in  this  weighty 
question  but  what  themselves  were  persuade  1  to  be  agree- 
ing with  the  minde  of  GOD,  and  they  had  heard  what 
had  been  sayd  since  the  vote,  intreated  them  agayne  to 


118 

consider  of  it  and  agayne  to  put  it  to  rote  as  before 
Agayne  all  of  them,  by  holding  up  their  hands,  did  shew 
their  consent  as  before.  Ami  some  of  them  professed, 
that  whereas  they  did  waver  before  they  came  to  the 
assembly,  they  were  now  fully  convinced,  that  it  is  the 
minde  of  GOD.  One  of  them  said  that  in  the  morning 
before  he  came,  reading  Deuteronomy  17.  15.  he  was  con- 
vinced at  home.  Another  said  that  he  came  douhting  to 
the  assembly,  but  he  blessed  GOD,  by  what  had  beene  said 
he  was  now  fully  satisfied  that  the  choyee  of  burgesses 
out  of  Church  members  and  to  intrust  these  with  the 
power  before  spoken  of,  is  tccording  to  the  iruiide  ol 
GOD  revealed  in  the  scripture.  All  having  spoken  their 
apprehensions  it  was  agreed  upon,  and  Mr.  Robert  New- 
man was  desired  to  write  it  as  an  order  whereunto  every 
one  that  hereafter  should  he  admitted  here  as  planters 
should  submit,  and  testify  the  same  by  subscribing  their 
mimes  to  the  order,  namely, 

That  Church  Members  only  shall  be  free  Burgesses, 
and  that  they  only  shall  chuse  magistrates  and  officers 
among  themselves,  to  have  the  power  of  transacting  all 
puhlique  civil  affairs  of  this  plantation,  of  making  and 
repealing  laws,  devideing  of  inheritances,  deciding  01 
differences  that  may  arise,  and  doing  all  things  or  busi- 
nesses of  like  nature. 

This  being  settled  as  a  fundamental  artirele  concerning 
civil  government,  Mr.  Davenport  propounded  and  pro- 
posed some  things  to  consideration  aboute  the  gatheringe 
of  a  Church.  And  to  prevent  the  blemishing  of  the  first 
beginnings  of  the  worke,  He  advised  that  the  names  o* 
such  as  were  to  be  admitted  might  be  piibh'quely  pro- 
pounded, to  the  end  that  they  who  were  most  approved 
might  :>e  chosen  ;  for  the  town  being  cast  into  several 
private  meetings  wherein  they  that  dwelt  nearest  together 
gave  their  accounts  one  to  another  of  GOD's  gracious 
work  upon  them,  and  prayed  together,  and  conferred  to 
their  mutual  edification,  sundry  of  them  bad  knowledge 
one  of  another,  and  in  every  meeting  some  one  was  moro 
approved  of  all  than  any  other, — For  this  reason,  and  to 
prevent  scaitdalls,  the  whole  company  was  intreated  to 
consider  whom  they  found  finest  to  nominate  for  thia 
worke. 

Qura^e  6.  Whether  are  you  all  willing  and  do  agree 
in  this,  that  twelve  men  be"  chosen,  that  their  fitness  for 


119 

the  foundation  work  may  be  tried,  however  there  may  be 
more  named,  yet  it  may  be  in  their  power  who  are  chosen 
to  reduce  them  to  twelve  and  it  be  in  the  power  of 
those  twelve  to  chuse  out  of  themselves  7,  that  shall  be 
most  approved  of  the  major  part  to  begin  the  church. 

This  was  agreed  upon  by  consent  of  all,  as  was  expres- 
sed by  holding  up  of  hands,  and  that  so  many  as  should 
be  thought  fit  for  the  foundation  work  of  a  church  shall 
be  propounded  by  the  plantation  and  written  down,  and 
pas.se  without  exception,  unlesse  they  had  given  public 
scandal  or  offence,  yet  so  as  in  case  of  puhiique  scandall 
and  offence,  everv  one  should  have  liberty  to  propound 
their  exceptions  at  that  time  piibliquely  against  any  man 
that  should  be  nominated  when  all  the  narnes  should  be 
writ  down,  but  if  the  offence  were  private,  that  men's 
names  might  be  tendered,  so  manj  as  were  offended, 
were  in treated  to  deal  with  ihe  offender  privately.  And 
if  he  gave  not  satisfaction  to  bring  the  matter  to  the 
twelve  that  they  might  consider  of  it  impartially  and  in 
the  feare  of  GOD.  The  names  of  the  persons  named  and 
agreed  upon  were  Mr  T.  Katon,  Mr.  J.  Davenport,  Ro- 
bert Newman,  Matthew  Gihb,  Richard  Alalthie.  Nathaniel 
Turner,  Thomas  Fugill,  John  Punderson,  William  An- 
drews, John  Dixon.  No  exception  was  brought  against 
any  of  these  in  public,  except  one  about  taking  an  exces- 
sive rate  for  meal  that  he  had  sold  to  one  of  Peqnonnock 
in  his  neede,  which  he  confessed  with  grief,  and  declared 
that  having  been  smitten  in  heart,  and  troubled  in  his 
conscience,  he  offered  such  a  part  of  the  price  back  again, 
with  confession  of  his  sin  to  the  party,  as  he  thought  him- 
self bound  to  do.  And  it  being  feared  that  the  report  of 
the  sin  was  heard  further  than  the  report  of  his  satisfac- 
tion a  course  was  concluded  on  to  make  the  satisfaction, 
to  as  many  a?  heard  of  the  sin.  It  was  also  agreed  upon 
at  the  said  meetinge,  that  if  the  persons  above  named 
did  find  themselves  straitened  in  the  number  of  fit  men 
for  the  7,  that  it  should  be  free  for  them  to  take  into  tryal 
of  fitnesse  such  other  as  they  should  think  meeie.  Pro- 
vided that  it  should  be  signified  to  the  town  upon  the 
Lord's  dav  who  they  so  take  in  that  eveiy  man  may  be 
satisfied  of  them,  according  to  the  course  formerly  taken. 

[The  foregoing  was  subscribed  and  signed  by  one  hun- 
dred and  eleven  persons.] 


THE 


EOffll  S01GSTER: 


MOST  POPULAR  SONGS, 

WITH    MUSIC. 


CINCINNATI: 
PUBLISHED  BY  U.  P.  JAMES, 

167  WALNUT  STREET. 


U.  P.  James?  Publications  —  Cincinnati.  7 

Juvenile  Sports  and  Occupations.    25  cts. 
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author.    8vo.,  paper  cover,  25  cts. 
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TJ.   P.   JAMES, 
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pil 
his 


U.  P.  Jamesf  Publications—  Cincinnati.  3 

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